חוק לתיקון פקודת בתי הסוהר (מס' 51), התשע"ו-2016Law to Amend the Prisons Ordinance (No. 51), 2016 · automatic translation · suggest a correction

Official summary of the law (Knesset)

The purpose of inquiries (investigations) is to draw lessons and improve the professional capabilities of organizations, by examining activities and events, analyzing them, and drawing conclusions from them. In many cases, those being investigated are afraid to cooperate in the inquiry process, out of concern that the inquiry materials will be used against them in a criminal context, even though the inquiry was not intended at all to examine criminal suspicions. Therefore, the law provides that in various operational bodies, privilege will be imposed on inquiry materials produced during the process. This law establishes a similar arrangement for inquiries conducted in the Prison Service. Under the arrangement established, privilege will be imposed only on inquiries relating to events that occurred during operational activity under one of 3 alternatives: 1. Activity to maintain order and security in a prison, its facilities and immediate surroundings, which occurred while escorting a prisoner or while pursuing an escaped prisoner, and during a widespread and ongoing disturbance of order that caused real concern of harm to the security of those present in the prison or to public security; 2. An exceptional event, regarding which the Commissioner decided that it is an event requiring an inquiry, in order to prevent harm to human life, state security, or public peace; 3. Activity of the Prison Service conducted in the Judea and Samaria area, under the command of an IDF soldier or a police officer serving in the Israel Police. Regarding the scope of the privilege, it is established that inquiry material held by the Prison Service will be privileged against any person, except for Prison Service personnel who need the inquiry for the purposes of their position. In addition, it is established that inquiry material will not be admitted as evidence in court, and may not serve as evidence to incriminate the person investigated, except in a criminal proceeding in the case of providing false information or concealing an important detail in the inquiry, or in a disciplinary proceeding on the matter. It is further established that the inquiry material will not be transferred to an investigative body authorized to conduct criminal investigations. However, it is established that the material will be transferred to the Attorney General, and if it reveals a suspicion of an offense being committed, he may order the opening of a criminal investigation regarding the suspicion, but without disclosing identifying details from the inquiry. In addition, it is established that the Commissioner or someone authorized by him may transfer the inquiry material to another public body that is not an investigative body, and for which the information is needed to fulfill its function.

automatic translation · suggest a correction