Israel Matzav

Winograd Commission ordered to 'show cause' why testimony should not be released

The Supreme Court today issued an order giving the Winograd Commission eight days to 'show cause' why transcripts of the testimony of Prime Minister Ehud K. Olmert, 'defense' minister Amir Comrade Peretz and former IDF Chief of Staff Dan Halutz should not be released to the public.

The committee wrote in a document filed by attorney Osnat Mendel of the State Prosecutor's Office that it had already followed the court's decision in publishing three testimonies - those of Vice Premier Shimon Peres, former military intelligence chief Amos Malka, and the head of the Emergency Economy Administration, Arnon Ben-Ami.

But the much-awaited transcripts of the testimonies of the three main protagonists in the war - Prime Minister Ehud Olmert, Defense Minister Amir Peretz and former chief of staff Dan Halutz - will not be made available, and may not be made public even after the court addresses the committee's decision.

Explaining its decision, the committee wrote that it "continues to examine the transcripts [containing many hundreds of pages], but has found that a significant portion of them cannot be published and that the publication of the segments of the transcripts that are permitted may place things out of context and mislead."

In view of these difficulties, the committee unanimously decided to continue deliberations on the release of the transcripts after the publication of the interim report.

The Winograd Committee, established by the government to investigate the failures of the Second Lebanon War, says its decision stems from the fact that the time available prior to the release of the interim report is short, and it must devote its time to the report and not the transcripts. The committee also presents five specific reasons against the publication of the transcripts:

1. Concerns of harming the witnesses: The release of the first three transcripts proved that the elimination of segments for security reasons gives a distorted impression, and the committee points to the case of Vice Premier Shimon Peres, who was lambasted for his failure to express his reservations about the war at the time a decision was made.

2. The committee maintains that the partial publication of the transcripts does not contribute to public discourse - it undermines it.

3. The publication may harm the privacy and reputation of individuals, and the committee needs to examine ways of also protecting the interests of witnesses.

4. It will undermine the overall work of the committee and its conclusions.

5. The committee is arguing that by law there are times when the witnesses need to be protected so that the investigative organs can reach the truth.

If the Commission were a real State Commission of Inquiry they would not have these problems because their 'recommendations' would be implemented automatically and would speak for themselves. Olmert and Peretz brought about this situation and they should have to pay the consequences.

posted by Carl in Jerusalem @ 5:57 PM