Breaking the Silence to Courts: 'Don’t investigate us'

Ad Kan finds 'clear indications Breaking the Silence gathers classified information on IDF using funding from foreign governments and EU.'

Arutz Sheva Staff ,

Hevron resident argues with Breaking the Silence member
Hevron resident argues with Breaking the Silence member
Garrett Mills / Flash 90

Breaking the Silence responded to a Supreme Court Petition filed against them by the Ad Kan Organization. Breaking the Silence’s response asked that the justices not order an investigation into them despite the fact that IDF officials have stated that BTS holds classified information that is "secret" and even "top secret". Ad Kan Director Gilad Ach said: “An investigation must be carried out into the types of information held, how it is held, and how it is released.”

Breaking the Silence responded to a Supreme Court petition filed against them by the Ad Kan Organization and urged the justices not to open an investigation. Among other claims, BTS stated that they support the State Prosecution’s decision not to open an investigation. BTS also claimed that the petition was filed too late and that they cooperate with the IDF censors.

The petition against BTS was filed by the Ad Kan Organization to the Supreme Court and asked that the court order the Attorney General to open an investigation into BTS for gathering classified information. In the State Prosecution’s response filed last month, the prosecution stated that they stand by their decision not to open an investigation despite the fact that IDF officials stated that BTS holds “information about sensitive units which could be ‘secret’ or even ‘top secret.’”

BTS’ response to the Supreme Court also argued that an investigation should not be opened and claimed that the petition was filed too late. This delay was caused by the fact that the State Prosecution was slow in providing Ad Kan with the necessary documents.

In addition, BTS referred to other actions taken by ‘Ad Kan’ against Israeli anarchists who attacked IDF soldiers. BTS said, “The petitioner has filed a criminal complaint against Israeli activists who participated in protests in the West Bank. The petitioner appears to believe that they are responsible for the wellbeing of IDF soldiers.”

The response also stated that BTS carries out “clear journalistic activities by gathering information of public interest with the goal of publicizing it. Over the years, the organization has published several books, pamphlets and reports. We have also published stories in official media outlets.” The response concluded by asking that the judges not open an investigation into BTS for collecting information on the IDF.

Gilad Ach criticized the response of BTS. “Our research has shown clear indications that Breaking the Silence gathers classified information on the IDF using funding from foreign governments and the European Union.

“Despite the fact that our findings were forwarded to the police and State Prosecution; and despite the legal opinions of senior IDF officers from the Military Censor and Information Security Unit; and despite IDF officials beliefs that the information that Breaking the Silence possesses is likely ‘secret’ or even ‘top secret’, the State Prosecutor has refused to open an investigation and BTS has supported that decision.

“An investigation must be carried out into what information Breaking the Silence possesses, how that information is stored, and how it is released. We will continue working to see this goal realized.”

The attorneys for Ad Kan, Attorneys Shlomo and Uri Tzipori said “The smear campaign by Breaking the Silence against the petitioners cannot hide the facts. These facts were supported in the State’s response to the petition, which admitted that Breaking the Silence holds sensitive information that is secret and even top secret. The information is held in violation of the law and with insufficient security. Section 113(c) of the Criminal Code on Espionage states that possessing secret information is illegal and carries a sentence of up to 7 years in prison. The petitioner has established that Breaking the Silence holds such information, and the State Prosecution’s response concurs with many of these claims. There is a clear public interest in opening an investigation into this matter.”



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