The Israel Ombudsman for Police and Prison Service Personnel
Major General (Ret.) Hanna Keller (Ohrenstein)
The Israel Ombudsman for Police and Prison Service Personnel was
established in 1980 within the Ministry of Public Security. The
Ombudsman of Police and Prison Service Personnel serves every police
officer and prison guard who turns to the unit requesting to investigate a
deficiency which they feel occurred within their organization.
The Israeli Minister of Public Security bears the ministerial responsibility
for the Israel Police and the Israel Prison Service. The Ministry serves as
an assisting staff to the Minister in implementing his responsibilities. The
Ombudsman Unit is part of the Ministry of Public Security; its
investigating officers are commissioned officers from Israel Police and
Israel Prison Service with a legal education. The Ombudsman Unit is
anomalous in the fact that its members are all uniformed officers whose
direct command and professional subordination is to the Ombudsman
who is a civilian and is not subordinate to the Commissioner of the Israel
Police or the Commissioner of the Israel Prison Service.
The decision to establish the unit within the Ministry of Public Security
and not within one of its operational branches (the Israel Police or the
Israel Prison Service) reflects the autonomous independence it benefits
from in regards to investigating the complaints, presenting its findings
and reaching conclusions.
The Ombudsman Unit, its establishment, functions and appointment of
the Ombudsman are all anchored in the Israeli law. The unit is an
independent body whose final decisions have judicial status and can not
be appealed in court. The findings and conclusions in cases which the
complaint was found justifiable indicate of the deficiencies, either on a
personal level or a constitutional level, and apply recommendations for
rectifying them.
The Israeli perception of the police ombudsman as a service for the
personnel of the Israel Police and the Israel Prison Service is, as far as we
know, unique in its field. The police ombudsman in Los Angeles is part
of the local police force and the regional sheriff and its establishment was
an executive decision of the LA Police Department and the Local Sheriff.
As an integral part of the police, all members, including the ombudsman
himself are all sworn policemen.
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The establishment of the Israeli Police and Prison Service
Ombudsman Unit: Circumstances and rationale
The aforementioned difference between the Israeli Ombudsman Unit and
the Police Ombudsman in Los Angeles stems from the circumstances and
rationale behind the establishment of each body.
The Israel Police is a national statutory force. In addition to the classic
policing responsibilities which include the battle against crime and its
prevention, public order and the personal and property safety of the local
citizens, the Israeli government entrusted the Israel Police with the
homeland security responsibilities of the State of Israel. The nature of the
organization as a semi-military, hierarchic body, and the belief that it will
not be able to fulfill all of the missions imposed on it lead to an executive
decision to forbid the unionization rights of the Israel Police personnel.
The same decision was made for the personnel of the Israel Prison
Service since it is the national correction authority in Israel which is
responsible for the security prisoners who were convicted for national
security crimes.
In 1978, an attempt to create a union was spearheaded by a group of
police officers which was confronted by a determined opposition from the
senior command of the police. The possibility of adopting the
arrangement in practice in England where the police have a union, but are
denied permission to use the strike as a tool to achieve their demands,
was considered and found inappropriate for Israel. The police officers
turned to the Supreme Court and asked it to rule in their favor and instruct
the Israel Police Commissioner to approve their fundamental right to
unionize.
The Supreme Court came to the conclusion that the legal framework used
by the Police Commissioner to impose a prohibition on unionization was
not the appropriate framework. The Supreme Court also ruled that the
said permanent directive was invalid, and that it is not possible – except
under legislation – to deprive police personnel of fundamental rights,
such as the freedom to organize and the right to strike.
In light of this Supreme Court decision, and it order to prevent the
establishment of a union, an amendment to legislation was promoted that
anchored the prohibition imposed on the police to join a union or in
taking part in any activity to establish, convene or manage such an
organization. Alongside the legislation that forbad the Police personnel to
unionize, it was decided to provide a mechanism which would balance
the denial of this right and would also afford police personnel an avenue
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to redress when they are in conflict with the organization. The solution
was found in the establishment of an institution anchored in law – the
Office of the Police and Prison Personnel Ombudsman – an independent
body which any police or prison service personnel can contact directly in
a case of alleged financial or other infringement against their rights, or
harassment of improper, discriminatory and unjust conduct1. The need for
a police ombudsman is emphasized in the State Comptroller Law which
clarifies that the State Comptroller and Ombudsman in Israel will not
investigate complaints of Israel Police and Israel Prison Service personnel
in regards to discipline and service conditions in their organizations.
The Israeli legislation for the police and prison service personnel is based
on the Israel Defense Force legislation for the Military Ombudsman.
The Ombudsman: method of appointment, status, functions and
powers:
The Ombudsman is a statutory position. The law obligates the Minister of
Public Security to appoint an ombudsman for police officers and prison
service personnel. The appointment is made by the Minister of Public
Security, in consultation with the Minister of Justice and with the
approval of the Parliamentary Committee for Internal Affairs and
Environment of the Knesset (Israeli Parliament). The Ombudsman's term
of office is for five years, with the authority of the Minister to extend the
term for a period of another two years.
Qualifications for serving as the Ombudsman:
• Answers the requirements to be appointed a district judge;
• Is not a serving police officer or prison guard;
• Has professional knowledge, background or experience in fields
associated with the police and prison service;
• Has not been convicted of an offense whose nature, severity or
circumstances make him unfit to serve as an ombudsman.
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In this aspect, the difference between the police ombudsman in LA and the Israeli
Police Ombudsman can be recognized. Police officers in the LAPD are permitted to
unionize, and have already done so by establishing a professional and militant union.
The senior command of the local police initiated the establishment of the police
ombudsman in order to utilize internal tools to solve conflict before it reaches the
union or courts. The basic assumption was that any conflict which reaches the union
or courts escalates to much higher levels, a situation they police hopes to prevent.
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Functions of the Ombudsman:
• To investigate every complaint, reaching a position on its findings;
• To recommend methods for rectifying the deficiencies found;
• To give a detailed response in writing to all relevant bodies;
• To submit an annual report on the Unit's activities to the Minister
of Public Security and the Knesset Committee for Internal Affairs
Environment.
The Ombudsman Unit has implemented a mediation tool for solving
conflicts which is used only in cases deemed fit and with the consent of
both parties. Both parties are aware that they can retract from the
mediation at any point, and by doing so, the complaint will continue to be
investigated in the regular process within the unit.
Mediation is usually used by the unit in cases of misconduct between a
commander and a subordinate who will have to continue serving together
after the dispute is solved. Under the above circumstances and with the
objective of not making do with a one sided decision, the mediation
process aspires to strip the conflict down to its bare roots and confront the
two parties, face to face, in order to solve the conflict once and for all.
Powers of the Ombudsman:
The law gives the ombudsman the authorities of a statutory investigative
committee. The ombudsman is entitled to subpoena any person to testify,
or any document he feels will contribute to the investigation. All police
and prison service personnel are obligated by law to assist the
Ombudsman in the execution of his duties, and failure to provide the
required assistance or obstruction of the investigation constitutes a
disciplinary violation. The law states that all final decisions of the
ombudsman are conclusive and can not be appealed in court.
In regards to the findings, the law empowers the ombudsman, if a
complaint was found justifiable, to submit a detailed report on the
findings of the investigation indicating the deficiency or injustice and
recommending methods of rectification and prevention of its recurrence.
Internal directives of the Commissioner of the Israel Police and the
Commissioner of the Israel Prison Service state that all recommendations
of the Ombudsman must be implemented by the respective organization
within two months of receiving the recommendations. If no measures
were taken to implement the recommendations, documented reasoning
must be submitted to the Ombudsman, signed by the Commissioner of the
Israel Police or the Commissioner of the Israel Prison Service.
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In most cases, the recommendations are accepted by the respective
organization and the proper measures are taken to correct the
wrongdoing. Only a minimal amount of cases are not implemented. In
cases which a complaint is lodged against one of the heads of the
organizations an external authority is required to authorize the refusal to
implement the recommendations. The intention is to come to a future
agreement which empowers the Minister of Public Security in such cases.
Who is entitled to submit a complaint?
a. A police officer, Israel Prison Service personnel or anyone on their
behalf can submit a complaint (assuming that the person on their
behalf is not a police officer or IPS personnel);
b. A complaint can be submitted against anyone who at the time of the
occurrence was a police officer or Israel Prison Service personnel.
The complaint can be lodged after the subject of the complaint has
left the service, as long as he was still in uniform at the time of the
alleged event;
c. A complaint can be submitted regarding an act that was committed
without legal authority or contravenes legislation, ordinances or
binding directives in the Israel Police or in the Israel Prison Service,
or contravenes proper administration, or if it involves arbitrariness,
excessive intransigence or obvious injustice.
A complaint may not be submitted in the following cases:
a. A complaint concerning any matter that is sub judice in a civilian
court or disciplinary judicial process, or when a judgment has been
pronounced in respect thereof in a civilian court or disciplinary
judicial process;
b. A complaint concerning a judicial act of a disciplinary court in the
Israel Police or in the Israel Prison Service;
c. A complaint concerning an offense under investigation in accordance
with the law
Complaints requiring special reasons for investigation:
a. Complaints which can be objected to or appealed;
b. Cases in which the complaint was submitted after a year had past
since the complainant knew about the wrongdoing;
c. Complaints which warrants investigation by the direct commander of
the police officer or prison guard or any other authority in their
organization;
d. Complaints concerning an act whose harm is negligible;
e. Complaints which have been investigated or are under ongoing
investigation by a legally authorized authority within the Israel
Police, Israel Prison Service or the Ministry of Public Security;
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f. Complaints on occurrences of personal behavior which the subject of
the complaint is no longer a member of the Israel Police or the Israel
Prison Service.
Findings:
The percentage of complaints found to be justified every year is on
average 33%.
The classification by rank is in average as follows: 10% of the complaints
are submitted by police officers and prison guards at the lower ranks,
70% are submitted by middle-ranked officers, and 20% are submitted by
high-ranked officers (including complaints by Brigadier Generals).
Anonymous complaints are also submitted, but are not investigated unless
they are related to system constitutional maladministration which can be
investigated effectively without the identity of the complainant.
Issues of commander-subordinate relationships and salary conditions are
usually the most common fields of complaints.
Conclusion
The Unit of the Ombudsman for Police and Prison Service Personnel is a
statutory authority. Its existence alone does not fulfill its purpose; its
success relies on the acknowledgment of its importance by the senior
command of the Israel Police and the Israel Prison Service as an
independent body which can be turned to directly in an alleged case of
wrongdoing in one of the organizations. A frustrated police officer or
prison guard who has no one to turn to when he or she are being
discriminated against or mistreated will generally lack motivation,
initiative and willingness to contribute to the organization's general cause.
The significance of the Ombudsman Unit lies not only in the
investigation of justified complaints and drawing conclusions and
recommendation to rectify the deficiency, but also in the complainant
receiving friendly assistance from our investigation officers in
understanding that his or her complaint has no grounds for investigation.
Lending an ear, listening to the individual's hardships and pleasantly
explaining the situation can many times solve the problem.
Imbuing the importance of honoring the individual's right to complain
and learning from past experiences in complaint investigations are added
values to the Ombudsman Unit being a balancing solution to the
prohibition of the police and prison service personnel to unionize.
KJ
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