Demand from Beitar Illit Council: Immediately remove Meir Rubinstein

December 19, 2021   

'The Israeli Democracy Guard today (Sunday) addressed the members of the Beitar Illit City Council, demanding that the council exercise its authority under the law - and remove from office Mayor Meir Rubinstein, suspected of involvement in the murder of the late Avi Edri more than 30 years ago. In their letter, attorneys Ohad Shepak and Yuval Yoaz, who represent the Democracy Guard, write: "On Tuesday, December 14, 21, it was permitted to be published that the Mayor of Beitar Illit, Meir Rubinstein, is suspected of involvement in the murder of Avraham Edri in 1990. The Magistrate's Court extended the mayor's detention and, according to the Israel Police, the strength of the suspicions against the mayor is greater than that of other suspects. "As stated, Rubinstein is suspected of involvement in the most serious offense in the law, which is the offense of murder. According to the Israel Police, these suspicions arose more than a year ago, but now sufficient evidence has been formed for his arrest." The lawyers note that the Local Authorities Law states that the city council has the authority to remove a mayor from office due to behavior that is inappropriate for his position. The High Court of Justice has previously ruled that an indictment filed against a mayor constitutes administrative evidence that establishes an evidentiary foundation for a determination regarding public office. According to the Democracy Guard, "the existence of administrative evidence, such as solid suspicions of committing the most serious offense in the law, is of great importance in the matter of exercising his right to serve as an elected official." The lawyers note: "Our legal rulings have determined in the past that when we are dealing with serious offenses and when there is a buildup of administrative evidence, it is appropriate for a public official not to continue to serve in public office or in a public position. It has also been determined in the past, including in the case of former Ramat Hasharon Mayor Yitzhak Rochberger, that the presumption of innocence, which applies to every person as long as he has not been convicted of a crime, is given reduced weight in the balance against considerations such as moral integrity, the rule of law, and the duty to protect the public trust." They emphasize: "A rule adopted in our law is that there is no contradiction between the presumption of innocence in criminal law and an administrative determination based on administrative evidence that a person was involved in criminal acts. Administrative evidence does not constitute a conviction and does not turn a person who is presumed innocent into someone who has been convicted of a crime. "In light of all of the above, the position of the Israeli Democracy Guard is that in light of the specific circumstances surrounding Meir Rubinstein, there is no room for him to continue his term as head of the local authority of Beitar Illit. "Circumstances in which there are significant suspicions by the Israel Police against the head of a local authority require an urgent meeting of the local council and a discussion on the question of the mayor's continued term. Although the council's authority to remove the head of the authority from office is an authority of the authority, it is clear that there is an obligation in this context to discuss the need to exercise the authority and the appropriate methods that should be taken in Mr. Rubinstein's case. "Therefore, it is hereby requested that the local council of Beitar Illit convene as soon as possible in order to discuss and determine that the significant suspicions hanging over the head of the mayor of Beitar Illit for the crime of murder constitute behavior that is inappropriate for the status of an elected official who heads a local authority, and therefore there is no reason to allow him to continue in his position" as mayor of Beitar Illit. In addition to the members of the city council, the letter was also sent to the legal advisor to the municipality of Beitar Illit, Minister of the Interior Ayelet Shaked, and Attorney General Avichai Mandelblit. At the end of the letter, the lawyers write: "We thank you for your response within 14 days of receiving this letter. It is clarified that our firm reserves all rights in this context - including the right to contact the appropriate courts to provide their opinion and instructions on these matters. "We ask that you consider this letter our final appeal in all matters concerning the exhaustion of procedures before contacting the aforementioned courts. "There is nothing in this letter or in anything not stated in it that would infringe on any of the rights of our client." The Israeli Democracy Watch is an association established by lawyers and social activists, whose goal is to act in the public interest to foster the fundamental values ​​of Israeli democracy, as a Jewish and democratic state, in the areas of the rule of law, governance and public administration.