Official State Commission Sends Warning Letters in Submarine Acquisition Inquiry
The State Inquiry Commission on Naval Vessels was tasked with examining the decision-making processes at both the professional and political levels between 2009-2016 in relation to the acquisition of naval vessels during those years. The commission's general conclusion is that "the preliminary picture emerging at this stage indicates a deep disruption in the working processes and decision-making mechanisms in a series of sensitive issues.
Photo by: Olivier Fitoussi/Flash90
Scope of the Commission's Activities
The State Inquiry Commission on Naval Vessels was established by a government decision on January 23, 2022, and was tasked with examining the decision-making processes at both the professional and political levels between 2009-2016 in relation to the acquisition of naval vessels during those years. In accordance with the government decision, the commission did not examine aspects of criminal behavior in relation to the conduct of individuals.
The Preliminary Decision
The preliminary decision includes preliminary findings regarding the conduct of some of the individuals investigated by the commission. These findings are based on a lengthy process of collecting and analyzing testimonies and documents by the commission members, which included two former Supreme Court justices.
The commission's general conclusion is that "the preliminary picture emerging at this stage indicates a deep disruption in the working processes and decision-making mechanisms in a series of sensitive issues. These presented a risk to national security and harmed Israel's foreign relations and economic interests.
Due to potential harm to some individuals from this decision, warning letters were issued to five of those under investigation.
The commission warned Prime Minister Netanyahu, stating that his conduct "led to a deep and systematic disruption in working processes, harming decision-making mechanisms in a series of sensitive issues. This endangered national security and harmed Israel's foreign relations and economic interests.”
The commission also warned former Defense Minister Moshe (Bogie) Ya'alon, former Mossad Chief Yossi Cohen, former Navy Commander Ram Rothberg, and former National Security Council worker Avner Shimhoni.
What Authority Does the Inquiry Commission Have to Issue Warning Letters?
If a state inquiry commission perceives that a specific individual may be harmed by the investigation it is undertaking, or its results, it must warn the potentially affected individual. The commission is also required to attach the relevant evidence pertaining to the potential harm along with the warning letter.
Is There Any Legal Significance to Issuing Warning Letters?
Recipients of a warning letter are entitled to appear before the commission, offer their response and present evidence. They cross-examine witnesses themselves or through legal representation, even if they have already appeared before the commission.
In effect, once warned, the individual is given the opportunity to exercise their right to defend themselves, as personal conclusions may be drawn against them by the inquiry commission.
Are the Commission's Conclusions Final?
It is important to emphasize, as explicitly stated by the commission, that the current results are only preliminary and may change once the commission completes its work.