The High Court of Justice on Wednesday struck down Justice Minister Yariv Levin’s appointment of retired judge Yosef Ben-Hemo to oversee the investigation into former military advocate general Yifat Tomer-Yerushalmi, ruling that the appointment failed to meet the court’s own standards.
In the decision, Chief Justice Yitzhak Amit wrote that even if Levin believed the appointment was urgent, “urgency cannot override the standards set in the ruling or the obligation to conduct an orderly administrative process.” Amit added that if the minister sees an immediate need to fill the position, he may pursue “a consensual solution” using the court’s general authority.
The justices held that Ben-Hemo does not qualify as a senior civil servant, a requirement set by the court when it permitted Levin to appoint a legal overseer. Because Ben-Hemo was hired on a temporary basis solely for this role, the court said, he does not meet the seniority threshold. Justice Yael Wilner wrote that the requirement is “substantive,” intended to mitigate concerns about ministerial interference in a specific criminal investigation.
Levin appointed Ben-Hemo about two weeks ago to supervise the probe into the leak of sensitive footage from the Sde Teiman detention facility. At the time, Levin argued that a retired district court judge was the appropriate candidate. He also said he had explored appointing a current senior civil servant but was unable to find one with the necessary legal background who did not report to the attorney general or the state prosecution.
After Levin announced the appointment, the Movement for Democratic Oversight petitioned the High Court to freeze it. Chief Justice Amit issued an interim order hours later that halted the appointment “to preserve the existing situation,” noting that the court had yet to hear arguments on the petition.
Levin attacked that interim order, saying “the cover-up operation under the protection of the Supreme Court reached a new low tonight,” and accused the court of obstructing oversight of a critical investigation.
In Wednesday’s ruling, the court reaffirmed that the appointment process violated the standards it had set and concluded that Ben-Hemo’s temporary status barred him from serving in the position. The decision leaves the role vacant as the investigation continues.