Ahead of the Supreme Court hearing on the establishment of a state commission of inquiry into the October 7th massacre, clashes began between bereaved families outside the Supreme Court in Jerusalem. The hearing before an expanded panel is expected to take place without public attendance.
The judges who will decide the petitions will be required to decide whether to convert the temporary order they issued to establish a state commission of inquiry into a final order.
Before the hearing, the families held a statement to the press: "We will not be silent, we will not give up until the truth comes out. No one should be afraid of the truth, not even the prime minister," Chen said. , "We have been witnessing lately a wild incitement campaign. There is no longer room for tears and delays, it is time for a historic ruling," Ashel said, "The prime minister repeatedly chooses the path of division. This is how it looks this morning here - he is leading the country to a civil war, this is how it looks around me, just to escape responsibility."
The parents of deceased hostage Sergeant Itay Chen, said, "You cannot ask us to bury our children together with the truth. Do not yield to pressure, stand by the truth, by justice, by the families. No one, including the prime minister, should be afraid of the truth. No one should be afraid of the truth. After so much time it is time for a decision, it is time for a binding ruling, if the government is not willing to establish a commission - then the court must have its say."
, "The blood of my children is on the hands of the Supreme Court judges, those who sold us out. They sold us our children," said Yosef, the father of Amit Cohen who was murdered at the Supernova festival. By contrast, other bereaved families are demanding a national commission of inquiry because they do not trust the Supreme Court's decisions.
The government’s position, represented separately from the Attorney General by a private lawyer, is that the authority to establish a state commission of inquiry lies solely with the government. It argues that judicial intervention on the matter would violate the principle of separation of powers and would set a precedent. "There is no precedent for such an extreme act," its representatives said.
By contrast, the Attorney General, Gali Baharav-Miara, presented a completely opposite position. In her response to the court she wrote that the government’s refusal to establish a commission of inquiry severely harms the ability to uncover the truth and delays a professional and independent examination.
According to her, a state commission of inquiry is the most appropriate tool to examine the events, due to its independence from the political echelon, its broad powers and the method of appointing its members by the President of the Supreme Court, , "It is hard to imagine more extraordinary circumstances than the events that occurred, which justify and even require the establishment of such a commission," she noted.
Last November, the Knesset approved in preliminary reading a bill to establish a political investigative committee into the massacre, whereby the Knesset Speaker would select the committee composition in consultation with coalition and opposition representatives, and members of the committee would be voted on by a supermajority of 80 MKs. It was further determined that if such a majority is not found, the Knesset committee chair would choose three of the committee members and the opposition leader would choose the other three, and if one side refused to appoint members to the committee, the Knesset Speaker would be able to choose all the members.
The expanded panel of judges, appointed by Deputy President Noam Sohlberg after the President of the Supreme Court delegated him the authority to do so in these petitions, will determine whether to obligate the government to establish a state commission of inquiry.