政治 · 警察任命
以色列警察总监安排官员担任尚未签字批准的职位——他们能继续履职吗?
原语言视频
译自英文原文。
后果超出警务范围的指挥权争议
阿米特的任职安排之所以重要,是因为该部门的职责不只是管理警察人员。它负责制定警方检察政策,并决定是否提起刑事公诉。部门领导层有助于指导一项重要的刑事司法职能,其后果会影响被告和诉讼程序,而不仅仅是等待晋升的警官。1
阿米特的前任戴维·扎米尔已结束任期,该部门因此在一段时长尚未确认的时期内没有常任负责人。阿米特通过业务借调,实际上开始担任这一领导职务,但部长批准缺位的问题并未解决。职位空缺说明为何填补该职位很重要,但这本身并不能回答列维选择的机制在法律上是否可行。1
无需将这一比例视为刚刚测得的统计数据,制度层面的关键问题依然成立。谁有权指导刑事起诉政策的争议,比头衔之争影响更大。与此同时,报道并未证明这场领导权争议已导致具体的起诉或诉讼程序无效。
列维给出的理由是业务上的紧迫性。Ynet引述他在私人谈话中的话称,在任命受阻期间,关键职位需要有人到岗。他的话解释了他为何采取行动,但并不能构成他有权这样做的法律认定。1
由于警察部门的关键业务需求,必须安排这些警官到岗。
这一变通安排本身也面临异议
第14频道11月12日的报道描述了法律层面的两阶段阻力。首先,司法部长反对在未取得所需部长批准的情况下推进晋升。随后,列维采用业务借调,让警官履行预定职责,但不完成警衔晋升。据该报道,一份法律意见也否定了这一替代机制。4
第14频道报道称,列维已将这一安排告知本-格维尔和相关警官。随后,一些警官开始收到取消通知。这是有报道称存在法律异议,也有报道称产生了人事后果;但这并非已确认的法院判决,也不能证明所有安排都被取消。相关法律意见原文以及逐名列出警官状态的清单均未公开。4
本-格维尔拒绝签字一事已经得到确认,但他拒绝批准这批任命或单独拒绝批准阿米特任命的具体原因,并未明确。Ynet报道了更广泛的政治冲突:部长指责列维在选举后试图讨好左派,并非法针对极端正统派人士。列维办公室否认了这些指控。这番交锋提供了背景,但不能证明任何一项未签字任命的具体动机。1
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播出原貌
- Police chief Danny Levy put senior officers to work without the minister's signature.
- The jobs include leadership of Israel's Police Prosecution Division, which directs criminal charging policy. Officers have taken on responsibilities while their formal appointments remain unsigned.
- Can those officers keep doing the jobs while the legal status of their placements is disputed?
- Israel's national security minister, Itamar Ben Gvir, refused to sign a group of senior police appointments. Levy moved officers into the selected posts anyway, using an arrangement called operational attachment.
- About fifteen senior officers had taken up their selected jobs by November thirteenth. They were carrying out the duties through operational attachments, with the appointment process still incomplete. That number describes the placements, rather than a settled current staffing count.
- Levy's approach separated the work from the formal approval. Officers could start exercising the responsibilities of their selected posts while the minister's signatures were outstanding. The alternative also left their rank promotions unfinished.
- Levy ordered the placements, and Ben Gvir withheld the signatures. Commander Dana Amit is the consequential named officer between those decisions. The senior command staff selected her to lead the Police Prosecution Division, and she began doing that work.
- Amit's predecessor, David Zamir, had finished his tenure. The division then spent a period without a permanent commander before Amit began carrying out the head's duties. Her assignment put someone into that leadership role while her formal appointment was still waiting for approval.
- The division directs police prosecution policy and the filing of criminal indictments. Its leadership therefore reaches beyond police staffing. The person directing this work helps guide a major part of the criminal justice system, with consequences for defendants and criminal proceedings.
- Police prosecutors reportedly file indictments against about ninety percent of defendants in Israel. But there's no current official breakdown or clear measurement period confirming that share. The division's substantial criminal prosecution role puts practical weight behind the leadership dispute.
- Subscribe to this channel as we follow whether these officers can keep their assignments.
- Levy said in private conversations, “Placing the officers in their posts was required because of the organization's critical operational needs.” His justification was urgent staffing: key jobs needed people doing them while the appointments were held up.
- He also said, “Nothing will deter the police from continuing to fulfill its duty to protect public safety.” But the legal objection reaches the method he chose. The attorney general challenged promotions proceeding without the required ministerial approval. Levy then pursued attachments that allowed officers to work without completing those promotions.
- Some officers reportedly received cancellation notices on November twelfth after a legal opinion rejected the attachment route too. Yet about fifteen officers had taken up their selected jobs by November thirteenth. Those two developments leave their continuing status unclear.
- Levy had informed Ben Gvir and the affected officers about the attachment arrangement. The cancellation notices concerned some officers. The legal objection hasn't been resolved by an identified court judgment, and the later description of officers working doesn't explain whether cancellations were reversed or different officers were affected.
- Ben Gvir also accused Levy of trying to please the left after the elections and of acting unlawfully against ultra-Orthodox people. Levy's office rejected those allegations. Ben Gvir hasn't explained his refusal to sign this particular group of appointments or Amit's individually.
- The officers began exercising their assigned responsibilities, but whether all can continue remains unresolved. For Amit, nobody has confirmed a cancellation naming her. Her formal appointment still awaits Ben Gvir's signature, leaving the prosecution division's continuing leadership tied to the unsettled attachment arrangement.
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