Prisoners' Complaints Commission Bill, 5784-2024

A new commission is to be established within the Ministry of National Security to investigate complaints regarding the conduct of prison guards in the line of duty. The commission will be headed by a Prisoners' Complaints Commissioner, appointed by the Minister of National Security in consultation with the Minister of Justice. To be eligible, a candidate must be qualified to serve as a district court judge, must not have been a prison guard in the three years preceding the appointment, must possess professional knowledge and understanding of the laws of evidence and criminal law, must be familiar with the work of the Israel Prison Service, and must not have been convicted of a serious offense. The term of office will be five years, with the possibility of a two-year extension. The Commissioner's tenure will end upon the expiration of the term, death, resignation, or removal from office. The Minister may remove the Commissioner from office if they are unable to perform their duties for a period exceeding six months, if they are convicted of a serious offense, or if they have behaved in a manner unbecoming of their status, following an opportunity to be heard. The Commissioner and commission staff may not hold other employment, serve as members of a local council, the government, or the Knesset, or be members of a political party's electing body or business owners. The Commissioner may permit an employee to engage in other work if it does not interfere with their duties at the commission. The Commissioner and staff must maintain the confidentiality of all information obtained during their work and may not disclose or use it except for the performance of their duties. The Minister, the Attorney General, or the Commissioner of the Israel Prison Service may request information or materials obtained during the commission's activities, but complaint details shall not be published after the conclusion of the investigation. The Minister and the Commissioner of the Israel Prison Service may authorize the publication of a complaint or part thereof if a prisoner was harmed by a guard's conduct. A prisoner may file a written complaint regarding a guard's conduct in the line of duty. The Minister or the Commissioner of the Israel Prison Service may request the Commissioner to investigate a complaint regarding a guard's conduct. The complaint must be submitted in writing, signed by the complainant, and include their name and address. The Commissioner will not investigate a complaint that does not concern a guard's conduct, is vexatious or frivolous, concerns a legal question, relates to an act currently under investigation by a national investigative unit, the Israel Police, or a disciplinary tribunal, or for which an indictment has been filed. The Commissioner will also not investigate a complaint filed by a police officer or prison guard who was harmed, unless the complaint is admissible for investigation by the Prison Service Commissioner. Upon receiving a complaint, the Commissioner will acknowledge receipt and initiate an investigation. If the Commissioner decides not to investigate, they will notify the complainant in writing and state the reasons. If they decide to investigate, they will notify the accused guard in writing. The Commissioner may omit the complainant's details from the notice to the guard if deemed unnecessary for the investigation. The Commissioner may investigate the complaint in any manner they see fit, subject to the laws of evidence and procedure. They may demand that any person or body provide information or documents relevant to the investigation. They may hear the accused guard, the complainant, and any other person if deemed useful. All investigation proceedings must be concluded within one year from the date the complaint is received.

Source: הצעת חוק לדיון מוקדם