On video: Shabtai at the commission of inquiry into the Miron disaster: "If the plan was dangerous, I would not have approved it"/L.A.M.
"The simple and very unfortunate conclusion must be said right now: the Miron disaster could and should have been prevented. The writing was on the wall long before the disaster happened. It was written in white Kiddush letters, in a sharp and clear way, and clearly, but it remained there unanswered."
This is what the members of the State Commission of Inquiry into the Miron Disaster, retired judge Deborah Berliner, Rabbi Mordechai Karlitz and General Shlomo Yanai wrote.
The committee was established in June 2021 by the Bennett and Lapid government, about a week after its inauguration.
Now, at the end of three years, the committee has submitted its recommendations, primarily placing personal responsibility for the disaster on Prime Minister Benjamin Netanyahu, but without an operative recommendation regarding him.
In addition, the committee recommended that the current Speaker of the Knesset, and at the time of the disaster, the Minister of Internal Security, Amir Ohana, not be appointed to the position of minister in the ministry in the future. The committee wrote about the Commissioner: If it were not for the war, we would have recommended that he be removed.
Does the government have to adopt the committee's decisions?
The State Commission of Inquiry Law authorizes the government to establish a commission of inquiry, but the government is not obliged to adopt the decisions of the commission of inquiry.
The investigative committee, as it is called, is an investigator, but not one that determines, judges or decides.
If the government decides not to adopt the conclusions - is it possible to petition the High Court?
Although the government does not have to adopt the conclusions of the commission of inquiry, it must examine and discuss them.
If it does not do this, it is possible to petition the High Court, which can examine whether the very fact that the government does not examine the committee's conclusions complies with the rules of public law. That is, whether the decision not to discuss the recommendations of the notice at all is reasonable and proportionate.
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What will happen if the government appoints those who were recommended not to be appointed to government positions?
At the Bentsi Sao High Court it was determined that Bentsi Sao cannot be appointed to a government position as Chief of Staff of the Minister of Internal Security after the Or Committee (the State Commission of Inquiry to investigate the clashes between the security forces and Israeli civilians in October 2000) determined that he would not be able to advance in his position. So if the government decides To appoint the person who was recommended not to promote him to the position, you can petition the High Court, which may prevent the appointment.
Although the law states "that the committee's findings shall not be used as evidence in any legal proceeding", the committee itself decided to recommend to the prosecutor, Gali Beharev Miara, to open an examination or investigation regarding the following positions:
regarding
Shimon Malka
, the director of security in the year the disaster occurred in Miron, and
Reuven Gal
The members of the committee wrote to the chief security director: "We recommend that the legal advisor to the government be required to provide findings concerning the conduct related to security at the event and how to continue an inspection or investigation in their matter."
Regarding
Eng
. The Legal Adviser to the Government will be required for the findings concerning the engineer Amer Khaliliya and the question of resuming the criminal investigation in his case."
Regarding Superintendent
Shmuel Piamenta
, head of the Security and Licensing Branch in the Northern District of the Israel Police, the members of the committee wrote: "The committee held Piamenta personally responsible and believed that the findings in his case were particularly serious. The committee recommended that Piamenta terminate his position in the police, and that he not be employed in any position related to revelry Or to the Miron complex. The committee also recommended that the legal advisor to the government be required to provide findings concerning the conduct related to the licensing of the event and how to continue an examination or investigation regarding them."
More on the same topic:
Mount Miron disaster
State Commission of Inquiry
High Court