The Police Commissioner’s Response to the Attorney General is Worrying, Erroneous and Dangerous

The Police Commissioner's decision to terminate the Israel Police Legal Advisor without consulting the Attorney General to whom the Police Lega Advisor is professionally subordinate the most recent worrying sign of the problematic relations between the Attorney General and various government officials.

Recent months have seen worrying signs of problematic relations between various government officials and the Attorney General, indicating a dwindling respect for her legal opinions and for the rule of law. The most recent manifestation of this problematic trend relates to a decision of the Police Commissioner. Namely, the Police Commissioner recently decided to terminate from office the Israel Police Legal Advisor, Deputy Commissioner Elazar Kahana, reassigning him to a different role against his will, effectively removing him from his position.

The legality of this unprecedented decision is questionable. On a substantive level, no relevant reasons were provided to justify it, and procedurally, the decision was made hastily and without consultation with the Attorney General, to whom the Police Legal Advisor is professionally subordinate.

There is a serious concern that this decision aims to undermine the independence of the Police Legal Advisor, who serves as a "gatekeeper" responsible, among other things, for ensuring that the Israel Police operates in accordance with the law.

In the Commissioner’s response to the Attorney General, he rejects the idea that he is obligated to consult her before ending the tenure of the Police Legal Advisor. This response is worrying, erroneous, and dangerous.

Firstly, the Attorney General’s legal opinion reflects the applicable law for the Police Commissioner. Rejecting her position that the legality of the move must be examined before it is finalized contradicts the status of the Attorney General as the government’s authorized interpreter of the law.

Secondly, on the merits, the termination of a legal advisor’s tenure in the police should be subject to the Attorney General’s approval, as is the case with legal advisors in government ministries. This approval is necessary to ensure a proper procedure for terminating a legal advisor, based on relevant and professional considerations, which is essential for maintaining the professional independence of legal counsel.

Police regulations explicitly state that the Police Legal Advisor is subordinate to the Police Commissioner in terms of command and to the Attorney General in professional matters. By disregarding this, the Police Commissioner tramples on the rule of law within the Israel Police.