The High Court of Justice on Tuesday rejected Justice Minister Yariv Levin’s renewed attempt to reinstall retired judge and Judicial Complaints Commissioner Asher Kula as the “accompanying supervisor” for the police investigation into the Sde Teiman video leak affair.
The court said that it made its ruling on the grounds that it does not issue post-judgment “clarifications” or advance “pre-rulings” on hypothetical future appointments.
In a decision authored by Justices Yael Willner, Alex Stein, and Gila Canfy Steinitz, the court held that Levin’s filing – styled as a request for “clarification” – was, in substance, an effort to obtain a preliminary approval for a new administrative move: Appointing Kula while placing him on a temporary “leave” from his statutory role as commissioner.
The justices said that even if such a mechanism existed, Levin was effectively seeking a judicial green light for a future act – something the court does not provide to administrative authorities.
Kula’s appointment was previously struck down because the law governing the Judicial Complaints commissioner bars the officeholder from taking on any other job or occupation.
The court reiterated that the commissioner’s statutory obligations – and the incompatibility clause – apply even if the commissioner is on “leave” and still formally in office.
The panel added that the “deadlock” described by Levin in locating a qualified candidate could not justify bypassing the legal requirements for the role.
At the same time, the court pointed Levin to a procedural off-ramp: He may ask the court itself to appoint an accompanying supervisor under its general authority, and, given the urgency he asserted, should do so promptly if that is his intention.
Levin accuses Israel Police of probe obstruction
Levin, in response, accused the Israel Police of avoiding a “real investigation” from the outset, alleging that basic investigative actions were not taken, key witnesses were not questioned, and that a new policy of avoiding arrests amounted to obstruction.
Levin further said that, after learning that police were allowing Attorney-General Gali Baharav-Miara and state prosecutors to “interfere” in the probe, he removed them from involvement and appointed Kula, whom he described as unquestionably qualified and independent.
He then accused the court of “playing games” aimed at preventing the appointment of a supervisor and allowing police misconduct to continue, alleging the court set rules that “reduce to zero” the ability to appoint an unbiased accompanying figure.
Levin concluded that “those responsible for the failure and the cover-up” would not be able to hide “behind judges’ robes” indefinitely.
This court fight is unfolding against the backdrop of the investigation into the leak of footage connected to alleged abuse at the Sde Teiman detention facility by IDF reservists against a Palestinian detainee.
The video that ignited political and legal fallout, including disputes over who may oversee the police investigation and what role, if any, the Attorney-General’s Office should play.