The Supreme Court canceled the petition that demanded an investigation into the leak of footage that was said to prove abuse of prisoners at the Sde Teiman military base, after an investigation was opened against ex-Military Advocate General Yifat Tomer-Yerushalmi, which fulfills the petitioners' request.
This being said, the state was obligated to pay the petitioners, the Bohrim Bahaim (Choosing life) organization, court costs of 25,000 shekels.
The ruling passed by Judge Noam Sohlberg included a sharp rebuke of the State Prosecutor’s Office over the delay in opening an investigation and the submission of false affidavits, which attributed a thorough review allegedly conducted by the IDF to locate the leaker. A review that was later found to be erroneous. Sohlberg wrote: “A cry emerges from the story of events."
The judge emphasized the severity of the phenomenon of leaks by public servants and wrote, "We have said more than once in cases like this that a condemnation is not enough, nor is an expression of disgust. Action must be taken."
According to Judge Sohlberg, swiftness should be preferred over excessive caution in investigating leaks, especially when delays in action could undermine public trust.
Sohlberg further noted that the proceedings included erroneous affidavits regarding the review that was conducted, stressing the duty to present a full and accurate factual basis, especially when dealing with affidavits submitted on behalf of the state to the High Court of Justice.
“If we cannot place our trust in the affidavits submitted to us, morning and evening, by the state to the High Court of Justice-where does that leave us?" he concluded.