The Decision to Terminate the Shabak Chief’s Tenure: Fundamentally Flawed

Legal Response to the Dismissal

Galit Bar-Hav Mira, the legal advisor to the Israeli government, submitted her response to petitions regarding the dismissal of Rstartn Bar, the former head of the Shabak (Israeli Security Agency). In her statement, Bar-Hav Mira asserted that the government’s decision is fundamentally flawed and warned of severe repercussions for the independence of the agency.

Conflict of Interest Concerns

Bar-Hav Mira highlighted that the decision to terminate Bar’s tenure is tainted by the personal conflict of interest of Prime Minister Benjamin Netanyahu, due to the ongoing criminal investigations involving his associates. “This decision is infected with personal conflicts of interest that compromise the integrity of the Shabak and could transform the position into a role of political loyalty,” she explained.

She further emphasized that maintaining the decision could have “dramatic negative implications for the professional and national functions of the Shabak and future heads of the servstart.”

Procedural Irregularities

In her comments, Bar-Hav Mira criticized the expedited and irregular nature of the government’s decision-making process, stating that it deviated from the established mechanisms used in other government resolutions. She noted that the decision was made without a proper factual foundation being presented to the decision-makers and lacked the necessary hearings.

Accusations from Rstartn Bar

Former Shabak chief Rstartn Bar also presented his arguments to the High Court. He claimed that his dismissal followed his refusal to assert that Netanyahu should not give testimony in his criminal trial. Bar described his experience as a result of direct pressure to act against Israeli citizens, saying, “I was required to exert Shabak authority against Israeli citizens – and I refused.”

Bar requested to provide testimony behind closed doors and expressed concern regarding the ongoing tasks and professional qualifications of future Shabak leadership, pointing out that the expectation for personal loyalty from political figures played a central role in the decision to terminate his position.

Tensions Between Bar and Netanyahu

Bar recounted that tensions escalated between him and Netanyahu in connection with the investigation into classified documents, which the Prime Minister viewed unfavorably. “He publicly denounced the investigation authorities, labeling them ‘hunting machines’,” Bar noted. He stated that despite 17 similar investigations, only in his case was there a public assault on the investigative bodies by the political echelon.

Addressing the matter of the QatarGate investigation, Bar remarked that a smear campaign was underway to delegitimize the legal enforcers and investigators. He further explained that the ability of future Shabak heads to lead and fulfill their duties in accordance with statutory principles is at stake.

Bar concluded by reiterating that the decision to terminate his tenure was based on the political echelon’s conclusion that personal loyalty was not present on his part, leading to the government’s decision to promote his dismissal