Attorney Gali Baharav Mayara delivered a scathing speech today (Monday) at the opening ceremony of the annual conference of the Eilat Bar Association, in which she presented sharp criticism of the moves being made against the judicial system.
In her remarks, she emphasized that the erosion of the strength of Israeli democracy accelerated greatly during the war, and that the country is now in the midst of "Phase II" of legal reform, which she defined as a more extreme phase of the process.
According to her, due to the approaching end of the current Knesset's term, "a race to eliminate democratic institutions has begun," which calls into question the very idea that restraint on the power of the government is required.
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In her remarks, she presented two dangerous current trends, the first of which is the normalization of disobedience to court decisions by the executive branch. She cited as a current example the High Court of Justice ruling regarding mandatory IDF conscription and enforcement of the policy to prevent economic benefits from draft evaders, and noted that the government is in fact not implementing the clear decision and is showing a disavowal that is detrimental to conscription.
""It is not possible, legally speaking, to cooperate with a situation where, on the one hand, the government increases the burden on those who serve; and, on the other hand, the government allows mass evasion, and some would say even encourages it," she said.
The second dangerous trend, she claims, is the political takeover of law enforcement, focusing on the division law and the MHASH law that are currently being promoted in the Knesset.
In the speech, Rabbi Mayara clarified that the "split" law is not a technical organizational change, but rather the crushing of the professional and independent status of the Attorney General and the Prosecutor General, while creating mechanisms to institutionalize political influence in concrete cases.
She noted that this move "throws into the dustbin of history" the lessons of the Bar-On Hebron affair and the conclusions of the Shamgar Committee, which completely rejected the idea of division and determined that the gatekeepers must enjoy independence from the political echelon.
She also spoke out against the Investigative Investigations Act, warning that the bill would remove the barrier between the police investigation department and the political echelon, thereby deterring investigators from dealing with cases involving government officials and their associates. She mentioned that a committee headed by the current Director General of the Ministry of Justice unanimously determined that Investigative Investigations must remain independent and apolitical, but the current bill ignores this and builds a political model that has no precedent in the world.
Bahar Meyara claimed that the costs of these steps would be very heavy and would open the door to large-scale corruption, but made it clear that lawyers in the public service would continue to stand within the boundaries of the law and would not be deterred by the inappropriate treatment and threats they encounter.
Coalition Chairman Ofir Katz He responded to her: "Public trust in the law enforcement system is at a terrible low thanks to your actions as opposition leader. These laws, which will be passed today and tomorrow, are a necessary step designed to fix what you have corrupted and trampled. Hopefully, these will indeed change the nature of the law enforcement system, from deep decay back to justice and truth.".
The Minister of National Security, Itamar Ben Gvir: ""The ousted and criminal legal advisor Gali Baharav Miyara is again trying to scare the public. Someone who has worked against the elected government for years and trampled on the will of the voter is the last person who can preach to us about democracy.".
""The public chose governance, the public chose change - and no speeches from the ivory tower will stop that.".
