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High Court of Justice: State Attorney Will Decide Whether to Prosecute Former Military Advocate General

The High Court of Justice ruled that the State Attorney will decide whether to file an indictment against former Military Advocate General Yifat Tomer-Yerushalmi. The investigation concerns the publication of a video in the case involving the Sde Teiman base.

Key facts

  • Court: High Court of Justice
  • Decision: The question of filing an indictment was referred to the State Attorney
  • Subject of the proceeding: Yifat Tomer-Yerushalmi
  • Related case: The events at the Sde Teiman base
  • The case number and exact date of the decision were not specified
  • The statutory provisions applied were not specified

What the Court Decided

According to the report on Ynet, the High Court of Justice transferred to the State Attorney the authority to determine whether there is a sufficient basis to prosecute Yifat Tomer-Yerushalmi. As indicated by the report, the court itself did not rule on her guilt and did not order that an indictment be filed against her.

What the Proceeding Concerns

The report links the proceeding to the dissemination of security-camera footage in a case concerning alleged violence against a detainee at the Sde Teiman base. The author of the report makes serious allegations against the Military Advocate General's Corps, including claims regarding how the video was edited and the reports submitted to the High Court of Justice. However, in the source provided, these claims are presented as the author's position and not as facts established by the court.

What the Source Does Not Specify

The report did not specify the case number, the exact date of the decision, the panel of judges, or the full reasoning. It also did not specify the particular statutory provisions on the basis of which authority was transferred to the State Attorney. The source does not include a final decision on whether to file an indictment.

The Author's Critical Assessment

The author believes that referring the matter to the State Attorney could halt the case's practical advancement because the State Attorney is organizationally connected to the Attorney General. This is the columnist's assessment and not a conclusion that the source attributes to the High Court of Justice. A major lawsuit by soldiers from the “Force 100” unit is also mentioned, but its amount and procedural status are not specified.

What this means for you

The decision distinguishes between judicial review and prosecutorial powers: the High Court of Justice did not itself file an indictment but determined who must make such a decision. For an ordinary person, this means that merely referring the matter to the State Attorney does not establish guilt or guarantee the commencement of legal proceedings; a separate prosecutorial decision must be awaited.

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