The High Court of Justice will deliberate on the investigation into the leaked video showing the abuse of a detainee at the Sde Teiman base and the cover-up regarding that leak on Tuesday.
The leak concerns former military advocate-general Yifat Tomer-Yerushalmi and other senior officials in the military’s prosecution at large.
The High Court’s conservative bench, comprising Justices Yael Willner, Alex Stein, and Gila Canfy-Steinitz, will determine who should supervise and accompany the sensitive investigation.
Attorney-General Gali Baharav-Miara initially pressed to be the one to probe the case, but on Thursday evening said that it would be transferred to State Attorney Amit Aisman instead.
She said this was due to her involvement in the original probe of the leak and her failure to catch its initial cover-up at the time. Baharav-Miara’s participation in the original case could lead to her being called as a witness.
Justice Minister Yariv Levin, however, due to his viewing Baharav-Miara and her position as illegitimate, which has been one of the focal points of the Judicial reform legislation, campaigned instead for the appointment of the state ombudsman for judges and former judge Asher Kula to the case.
Levin on Monday said that “leaving the investigation in Kula’s hands would be a last-ditch rescue for the truth.”
Baharav-Miara and the state prosecution, in turn, view Kula as a front for Levin’s plans against the legal establishment. The retired judge said on Sunday that he has “no personal interest in the matter,” and that he would fully accept the High Court’s final decision.
On Sunday, the three justices issued an order for both sides to submit their arguments. By press time, the attorney-general had not yet submitted her arguments, despite repeated extensions.
The case now involves two opposing petitions. One was submitted by Likud MK Avichay Boaron and the Lavi organization, which seeks to remove supervision from the state prosecution apparatus entirely. The other is a counterpetition by the organization Mishmar HaDemokratiya, which demands that Kula not be appointed.
Three more organizations joined the list of petitioners on Monday – two right-wing groups that pushed for Kula’s appointment, and one that called for canceling it.
Tomer-Yerushalmi case, suicide suspicions
Tomer-Yerushalmi resigned from her position as MAG toward the end of October amid a criminal investigation into the leak of a video showing reservist soldiers abusing a Palestinian detainee at the Sde Teiman detention facility.
Shortly thereafter, she was arrested and placed in detention on suspicion of several charges, including, allegedly, obstruction of justice, abuse of office, fraud, and unlawful disclosure of information.
The investigation also revealed that her mobile phone went missing, was found later in saltwater at a beach, and that authorities suspect attempts to tamper with or destroy evidence.
On Sunday morning, emergency medical services were called to Tomer-Yerushalmi’s home in Ramat Hasharon after reports that she may have ingested a large number of sleeping pills. She was conscious when evacuated to Ichilov Hospital in Tel Aviv; hospital staff said she was being medically assessed and that her life was not in immediate danger.
Following the hospitalization, police requested stricter supervision under her house‑arrest conditions, including continuous oversight, surrender of travel documents, and a ban on leaving the country.
Yonah Jeremy Bob contributed to this report.