Jerusalem, 16 November, 2025 (TPS-IL) — Israel’s High Court of Justice on Sunday canceled Justice Minister Yariv Levin’s move to appoint State Ombudsman for Judges Asher Kula to oversee the criminal investigation into the sde teiman leak, ruling that the law bars Kula from taking on any additional role. At the same time, the court said Levin is allowed to appoint a different senior official from outside the prosecution to supervise the case under the unusual circumstances.
The ruling centers on the investigation into former Military Advocate General yifat tomer-yerushalmi and the leak of a video showing israeli soldiers appearing to abuse a Palestinian detainee at the Sde Teiman facility. Tomer-Yerushalmi admitted leaking the video and later lying about it while ostensibly leading an inquiry to find the leaker.
Levin argued that Attorney General Gali Baharav-Miara and State Attorney Amit Aisman could not oversee the case because both had previously been involved in reviewing aspects of the incident.
The High Court agreed that these circumstances were “highly irregular and extreme,” and said Levin had the authority to appoint an outside official. Justice Gila Canfy-Steinitz said that because senior prosecutors “were involved in the events under investigation and therefore may be required to give testimony in the case,” an exception was warranted. She added that “there is no choice but to deviate from the rule that there should be no political interference in criminal investigations,” provided strict limits are observed.
But the panel of three justices also ruled unanimously that Kula could not fill this role because the law prohibits the judicial ombudsman from performing any other function.
The court rejected the prosecution’s proposal to have Aisman supervise the investigation, citing the prosecution’s own involvement in earlier stages of reviewing the leak. It suggested appointing a retired Supreme Court justice, a sitting district court judge, or a senior official from the Competition Authority or the Securities Authority.
Levin rejected the idea of appointing a judge and told the court he had proposed that Kula oversee the case alongside another civil servant chosen by the court, but Baharav-Miara refused. Before the ruling, Levin claimed that “any ruling that prevents Kula’s appointment means that the court has enabled the cover-up” in the case.
After the decision, associates of Levin called the ruling “a tremendous achievement,” saying it reaffirmed that “the authority remains in his hands as it should be.” The judges stressed that any new appointment must fully comply with the law and prior court decisions.
Tomer-Yerushalmi, who recently resigned as the Israel Defense Forces’ top legal officer, is accused of fraud, breach of trust, abuse of office, obstruction of justice, and unlawful disclosure of classified material.
The video at the center of the case shows alleged abuse of a Palestinian detainee at the Sde Teiman military detention facility. The Palestinian, whose name has not been publicly released, returned to Gaza on October 13 when Israel freed hundreds of Palestinian prisoners as part of an Israel-Hamas ceasefire. Five army reservists from the Force 100 Military Police unit were indicted in February for assault and causing severe injury. Honenu, a legal aid organization representing two of the reservists, has called for the charges to be dropped.
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