JERUSALEM—Israel’s domestic security agency has been operating a
secret unit designed to monitor and infiltrate opposition to the
government’s withdrawal policy from the West Bank and Gaza Strip.
The secret unit was established in February 2005 as the government
prepared for the withdrawal from the Gaza Strip and northern West Bank
and the expulsion of 10,000 Jews. Officials said the Israel Security
Agency unit, authorized to infiltrate protest groups, was also designed
to monitor the Internet.
"There will be attorneys in every relevant district, and they can
accompany the investigations and provide immediate advice to the police
because of the sensitivity involved in the realm of expression," Shai
Nitzan, deputy state prosecutor for special operations, said.
An Intelligence Unit
Nearly two years later, the government and some panel members have
refused to acknowledge the ISA unit. But Knesset member Michael Eitan,
former chairman of the Constitution and Law Committee, said the unit
continues to operate, although without parliamentary oversight.
"This was an intelligence unit," Mr. Eitan told Israeljustice.com in
mid-January 2007. "What’s it our business to oversee this?"
The secret intelligence unit was discussed in a closed emergency
session of the Knesset Constitution and Law Committee on March 1, 2005.
A transcript of the hearing was recently obtained by Israeljustice.com.
"No"
"The government conducted a meeting and has made a decision to
establish a special unit in the Justice Ministry," Mr. Eitan told the
committee during the emergency session.
Officials said Mr. Nitzan has headed the secret ISA unit under the
jurisdiction of the Justice Ministry. They said Mr. Nitzan reports to
Attorney General Menachem Mazuz and the unidentified legal adviser of
the ISA.
Neither the ISA nor the Justice Ministry agreed to discuss the
special unit. Several officials became agitated when asked about the
functions of the ISA unit.
"No, no and no," Justice Ministry spokesman Moshe Cohen told
Israeljustice.com.
Incitement or Sedition
During the March 2005 session, Mr. Nitzan and other officials
provided details of the secret intelligence unit. They said the unit was
meant to determine whether dissent or civil disobedience constituted
incitement or sedition, punishable by five years under Israeli law.
"We are very sensitive to crimes called ‘crimes of expression,’" the
ISA legal adviser said. "The treatment is different from that of other
crimes because there is a thin line between freedom of expression and
criminal acts. These include incitement to violence, incitement to
racism, and incitement to draft evasion."
Over the last year, about 700 people were indicted in connection with
the protest campaign against the Israeli withdrawal from the Gaza Strip
and northern Samaria, officials said. Several of the indictments
pertained to newspaper articles or letters critical of officials who
directed the withdrawal.
Clandestine Matters
Officials said the prosecution has handled what they termed clear
cases of incitement or sedition. The new ISA unit, they said, was
reserved for what one official termed "clandestine matters."
The intelligence unit was also granted extensive powers, officials
said. This included the use of agents to infiltrate the anti-withdrawal
movement, comprised mostly of Jewish teenagers.
"We call them live sources," the ISA legal adviser said of the
agents. "This is no secret, and if it is a secret, I’m revealing that we
operate live sources to collect information in problematic situations."
Like Avishai Raviv
During the hearing, the intelligence official acknowledged the
unauthorized use of an agent-provocateur to incite the man who
eventually assassinated then-Prime Minister Yitzhak Rabin in 1995. The
official said the agency has "come a long way" since ISA handled the
agent, Avishai Raviv.
The legal adviser said ISA has been cooperating with the Justice
Ministry and the attorney general in the use of agents against Jewish
dissidents. He said the agency also operated a so-called Jewish
division, which monitored those deemed Jewish extremists.
For his part, Mr. Nitzan told the Knesset session that the ISA unit
was meant to help authorities block the rise in anti-withdrawal
protests. He said the state prosecutor drafted guidelines to confront
incitement and sedition.
"The prosecutor’s office is already overloaded," Mr. Nitzan said. "As
a result, there are cases that it is important to deal with quickly to
send a message to prevent additional violations of the law. We’ve also
asked for more judges."
Like Totalitarians
During the session, several committee members expressed concern over
the new unit. Knesset member Yuli Edelstein, imprisoned in the 1980s as
a Jewish dissident in the Soviet Union, said he was worried by the ISA
use of agent-provocateurs, employed widely in totalitarian countries.
"The angle that really worries me is the activity of the agents," Mr.
Edelstein said. "We need to supervise the Justice Ministry."
Other committee members expressed concern over the authority of the
secret intelligence unit to comb the media and Internet sites for
dissent. Knesset member Yitzhak Levy said this was unprecedented in
Israel.
"Justice Minister Tzipi Livni said the unit will go through
newspapers every day and try to spot [negative] remarks," Mr. Levy said.
"It seems that we are speaking about an activism that is above and
beyond what is usually discussed."
Police and Mazuz
Today, several of the committee members said they no longer receive
updates regarding the ISA unit. But attorneys who represent
anti-withdrawal activists said the unit’s activities were adopted by
other agencies in the law enforcement community.
"People in the police are doing this," Yitzhak Klein, director of the
Jerusalem-based Israel Policy Center said. "They have a computer crimes
section and they are looking for incriminating material and there is
some evidence that these cases are run through Mazuz himself. It’s
possible that we see here one of the outcomes of the special unit."
Knesset committee members said Mr. Eitan was the sole liaison between
Israeli authorities and parliament concerning the government campaign
against anti withdrawal opponents. But even during the 2005 hearing, Mr.
Eitan doubted whether parliament could maintain oversight over the ISA
unit.
"There are gray areas like everything in life, but the Justice
Ministry is on top of things," he said. "It could be that we in the
Knesset need to supervise the Justice Ministry and receive information.
But even then, there will be things that are not right. What can we do?
Should we get rid of these operations that we know we need?"