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Dr Klein’s letter to “Ometz” in support of the government’s investigation of the Haim Ramon case.

“Ometz” is an association that fights corruption, headed by tough and savvy former journalist Arieh Avneri. Recently, on one point the IPC was forced to take issue with one of “Ometz’” positions: Its opposition to the government’s appointment of a formal committee of investigation to probe the actions of the criminal justice system in the investigation of former Justice Minister Haim Ramon. The issue presents a genuine dilemma. On the one hand, the system’s treatment of Ramon was unforgivable and apparently in violation of the law. On the other hand, the appointment of an official committee of investigation by the government of which Ramon is a member looks like the use of the government’s powers to deter the authorities from investigating politicians’ misdeeds. According to news reports “Ometz” sent the Prime Minister a letter demanding that the investigation be stopped, since it implied that the malefactors were investigating those charged with upholding the law. IPC disagrees: Whenever there is concrete evidence, as in this case, that law enforcement authorities deliberately violated citizens’ rights, that violation must be investigated and the wrongdoers punished, no matter who their victim is.
 

        14 Iyar 5768
        June 17, 2008

Mr Arieh Avneri, Chairman
“Ometz”—Association of Citizens for Good Government, Social and Legal Justice
Fax: (03) 5600439

Dear Mr. Avneri:

I see from the press that “Ometz” has sent a letter to the Prime Minister and his aide demanding the suspension of the judicial committee appointed to investigate the investigation of Haim Ramon.  I request a copy of the letter. If the media reports are correct, I beg to differ with the position expressed in the letter.

Two independent inquiries were conducted into the Ramon affair, one by judge Vardi Zeiler and a less incisive one by judge Nathan Brener. Both found serious flaws in the investigation that led to the violation of Ramon’s due process rights. Justice Ministry officials refuse to sanction those responsible. We are not talking about speculations or spin but of the findings of two responsible and authoritative investigators.

This is not the first time the law enforcement system has trifled with the rights of politicians it doesn’t like. We all recall the shocking case of Inspector Moshe Mizrahi, who exploited a wiretapping warrant to record hundreds of hours of political conversations between Binyamin Netanyahu and Avigdor Lieberman.

A free society that seeks to defend its liberties must punish severely transgressions by public servants who are authorized to violate fundamental rights for due cause and exploit that authority for unwarranted purposes. A police state is one in which such transgressions go unpunished. Investigating the investigation of Haim Ramon is critical for our liberties.

One cannot defend law enforcement authorities who betray their trust simply from fear of what people will say. The sad truth is that not only elected officials in Israel act in a manner that undermines public trust in them. Law enforcement officers do so as well, because they are not subject to effective oversight. Cover-ups cannot restore lost public confidence in the law enforcement system. That can be accomplished only by meting out strict justice to offenders.

If the Prime Minister and his aides were honest and incorruptible, you would not demur from this investigation. The judicial investigative committee should not be considered illegitimate just because it was appointed out of illegitimate motives.  The investigative committee itself is professional and objective. I do not doubt for a minute that Ehud Olmert appointed it solely for his own and not the public benefit.  But even public servants suspected of corruption can do a good deed or two, and an act done out of illegitimate motives is not for that reason always illegitimate.

In closing, let me express my thanks and appreciation for the work done by the Association with you at its head.

                                                                       Sincerely,
                                                                       Dr. Yitzhak Klein
                                                                       Israel Policy Center

        
 

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