Who will investigate the investigators in NSO scandal?

Analysis: Only a state commission of inquiry can have the mandate and authority to summon witnesses and the credibility to find out which police officials gave the order to violate civil rights of citizens who were not under suspicion

Tova Tzimuki|Updated:
A commission of inquiry into the alleged police spying of Israeli civilians, journalist and politicians using NSO's controversial Pegasus malware is likely set to be one of the most significant events in the Israeli history and will hold local and international ramifications.
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  • While it is still unclear what kind of commission will be charged with the probe, the answers that must be delivered and the questions asked, are of critical importance.
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    אילוסטרציה
    אילוסטרציה
    Illustration of a hacker and NSO Group building
    (Photo: Reuters, Shutterstock)
    First and foremost, the commission must reveal who gave the order to spy on citizens who where not suspected of any crime.
    Although the scope of the inquiry is expected to be limited to the illegal surveillance of smartphones of many people, it is already evident that more must aspects of the affair be probed, including actual strategic matters.
    The members of such a commission will be required to shed light on the conduct of the entire law enforcement apparatus: from the investigators, through the Attorney General's Office and finally the courts. There must be immediate explanation of how civil rights and democracy were maintained or violated.
    The commission must review the initiation of investigations, procedures and how the Attorney General's Office has reviewed legitimate probes into serious crimes but will surely spread to the alleged slippery slope resulting in the misuse of the technological tool.
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    דוכן תערוכה תערוכות של חברת סייבר NSO חשודה ב ריגול תערוכת הגנה ו ביטחון פנים בינלאומית תל אביב מ 2019 ארכיון
    דוכן תערוכה תערוכות של חברת סייבר NSO חשודה ב ריגול תערוכת הגנה ו ביטחון פנים בינלאומית תל אביב מ 2019 ארכיון
    An NSO booth at 2019 trade show in Tel Aviv
    (Photo: Reuters)
    Anyone with any knowledge of the judicial system knows that there will quickly be finger pointing among those seen as responsible.
    Interested parties will surely attempt to pull strings. First and foremost among them – the supporters of former Prime Minister Benjamin Netanyahu - who had long-claimed the corruption charges he is facing were trumped up for political reasons.
    They will be joined by extreme right politicians, who have been trying for years, to weaken Israel's law enforcement.
    On the left, those who have promoted the rule of law will also make their voices heard.
    A recent study by the Israeli Institute of Democracy found the public trust in Israel's legal system is weakening and the recent revelations provide justification for such a trend.
    The sad truth cannot be covered up. The revelations about the scope of surveillance is shocking and must be thoroughly investigated in order to rebuild public's trust.
    However, conducting an investigation while Netanyahu's corruption trial is still ongoing - will be difficult.
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    בנימין נתניהו
    בנימין נתניהו
    Benjamin Netanyahu (right) and his attorney in the Jerusalem District Court where he is on trial for corruption
    (Photo: Oren Ben Hakun )
    The prosecution has been asked by the Jerusalem District Court to provide information about the investigation of state witness Shlomo Filber, the former director general of the Communications Ministry, who is expected to testify about Netanyahu ordering him to provide regulatory favors to co-defendant Shaul Elovich, that would have made him billions. Filber's testimony is set to be clouded by the scandal.
    "Netanyahu should have taken the plea deal when it was offered," one source in the Justice Ministry said on Monday.
    The only way to investigate the "Pegasus event" is through a state commission of inquiry and not a governmental body. After both Foreign Minister Yair Lapid and Justice Minister Gideon Saar have agreed to one, it is likely the government would approve it.
    That is the only possible commission that would have the mandate, the authority to summon witnesses and the credibility to dive into such a complex and dramatic situation, and be able to find out who gave the order. No other kind of commission would be able to clear the air.

    First published: 10:12, 02.08.22
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