How the Israeli press beat the censor to bring "Prisoner X" to their public

Gagging orders, media censorship and the public interest.

It seems worthy of a John le Carré novel: a prisoner whose name was unknown even to his guards was found hanging in a maximum security cell-within-a-cell originally built for the assassin of a former prime minister, his identity and death then vanished by the security services. Israeli media had tried to report the detainment of this "prisoner X" back in 2010, and his death a few months later, only for the reports to be immediately removed by Israel’s military censor. To the Israeli public, the case was dead.

What happened next was to reignite overdue debate around press censorship in Israel as much as apparent misconduct by the secret, prison and legal services.

This week the Israeli government was caught off guard when Australian network ABC News released findings of their months long investigation, revealing Prisoner X had been a Jewish Australian national named Ben Zygier who had migrated to Israel in his early twenties, ten years prior to his death, opting for army service, marrying an Israeli, starting a family here, and becoming a Mossad agent who later breached the law of his former homeland by using his Australian passport to fake several aliases.

Despite the ABC News report being very much out of the bag for the whole world on Tuesday, within Israel itself the next 48 hours saw an absurdly ill-timed circus of gag-within-gag (i.e. super-injunction) court orders ceremoniously reigned down upon newsrooms from "above", more disappearing articles, and frustrated Israeli journalists chafing at the bit, outraged at how their government’s attempts to shut up a horse long bolted from the stable was making Israel look simply ridiculous in face its own citizens let alone the world.

Jerusalem Post journalist David Brinn later reported the moment he tried highlighting the obvious to a military censor officer calling through: “You realise that the story is on the ABC News website and everyone is able to read about it?” At least one Israel-based foreign press reporter informed – via Twitter – that the military censor was also calling them. Reuters had effortlessly bypassed the censor, reporting ABC’s investigation with a London (as opposed to, say, a Jerusalem) dateline. While details of Zygier’s identity, including photos, were being disseminated on Twitter and Facebook by journalists inside and outside Israel faster than any censor could hit "delete".

It was when Haaretz newspaper cunningly side-stepped the gag order without breaching it - by reporting simply an "editors committee" meeting had been summoned at the Prime Minister’s office where media chiefs had been asked to “withhold publication of information pertaining to an incident that is very embarrassing to a certain government agency” - that the rest of the media got hooked. An Israeli editor later told ABC News reporter Trevor Bormann that several of them had "turned" on Mossad chief Tamir Pardo apparently also present at this meeting, complaining gag orders have too long disrupted the health of the press and democracy and that reform is needed to take the digital age into account, while another editor accused Pardo of “treating the Israeli public like fools”.

By Tuesday evening three Israeli politicians had seized the opportunity to use their parliamentary immunity to question the justice minister about "Prisoner X" at a Knesset assembly, finally throwing Israeli media the bone they needed to report on the case from within Israel.

By Wednesday morning the government had little choice but to partially lift the gag order. But while the Israeli press could now report on the ABC News investigation, they were still banned from any original reporting of their own. The cockeyed nature of the censor policy was particularly highlighted when Haaretz had to publish it’s morning paper with a limited report on Prisoner X while the International Herald Tribune, a partner supplement sold together with the paper in Israel, contained a full report. A frustrated Haaretz Editor, Aluf Benn, who had refused to attend the editors committee meeting, then let rip in his op-ed, arguing Israel’s government censorship in modern times has become a “pathetic attempt to turn back the clock" to a time before WikiLeaks, social media and bloggers.

As Israeli journalists continued to rapidly affirm the case through foreign and social media, by the evening the state buckled, releasing an official statement acknowledging an Australian national had been secretly detained under a false identity by court order, citing security reasons (with no mention of the Mossad), and that the prisoner had full access to legal aid but had subsequently committed suicide.

Journalistic investigation has since snowballed, with recent reports suggesting Zygier might have turned into a double agent on the verge of moving back to Australia and about to blow the whistle on Israel’s misuse of foreign passports, the 2010 Mossad-led assassination of a Hamas arms dealer in Dubai being a known case in point. Another crucial development is Israeli lawyer Avigdor Feldman saying he met Zygier the day before he died to discuss a possible plea-bargain deal, but that Zygier had “wanted to clear his name” by going to trial instead, and that he had seemed “very rational and focused. He did not seem suicidal.”

Whatever the story evolves as, suspected negligence around the fact that an Israeli citizen who was seeking fair trial died unnamed while in the custody of the democratic state he served, is undeniably for the Israeli press - not "foreign sources" - to initiate investigation of and for the Israeli public to judge. Concerning state security, how far the Israeli press should continue down the rabbit hole is again also rightfully up for their public to debate. The most severe scenario, if Zygier was a Mossad agent, is that the mere revelation of his identity has already risked the lives of other agents – Israeli and perhaps even those working for other governments. Though probably - picking up on the use of the word "embarrassing", as opposed to say "threatening" or "deadly", by the PM’s office in their meeting to the media chiefs - the Israeli government feared immediate straining of relations between Israel and its close ally Australia, which will likely heal.

Either way, the Israeli press will do good to raise serious questions over not only Israel’s justice system but also the conduct of the security services towards patriotic Diaspora-born Jews they recruit. The fact that Zygier was Australian is Australia’s business, with ABC News doing their job right. But the fact that he was also Israeli - a Jew who first loved, moved to and served Israel before something went seriously wrong – makes his case very much of Israeli public interest, within a nation greatly and proudly made up of immigrants from all over.

Australian newspapers lead their front pages in Australia with the story of Ben Zygier. Photograph: Getty Images

Camilla Schick is a  journalist based between London and Tel Aviv, writing on culture, religion and international politics.

Ellie Foreman-Peck
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Martin Schulz: could this man bring an end to the reign of Angela Merkel?

The German Eurocrat is the biggest threat to the possibility of a fourth term for Merkel. 

At first sight, Martin Schulz looks like an unlikely political saviour. Thin of hair and thick of waist, the 61-year-old was a member of the European Parliament for 23 years and its president for five. In an anti-establishment age, it was predicted that Schulz would struggle when he became the Social Democratic Party’s (SPD) candidate to replace Angela Merkel as the German chancellor in January. Instead, he is spearheading a remarkable revival in his tribe’s fortunes. On 19 February, for the first time in a decade, the SPD polled above Merkel’s Christian Democrats (CDU), attracting 33 per cent to their 32 per cent. The SPD vote share has increased by 12 points in a month. The cause is clear: “Martin mania”.

For months, it was assumed that Merkel would secure a fourth term as chancellor in September’s federal election. The SPD, the grandfather of European social democracy and Germany’s oldest party (it was founded in 1863), had polled as low as 19 per cent. After forming a grand coalition with the CDU in 2013, Schulz’s party was marginalised as Merkel claimed credit for policies such as the country’s first minimum wage. Voters defected to the far-left Die Linke and the far-right Alternative für Deutschland. The SPD’s future looked to be one of managed decline.

Sigmar Gabriel, the party’s leader since 2009, stood little chance of supplanting Merkel as chancellor. As a result, like François Hollande, he reached for the pearl-handled revolver: he announced his intention to step aside on 24 January after internal SPD polling showed that Schulz would perform significantly better against Merkel. “It was not an easy decision but I’m convinced it was the right decision,” Gabriel told reporters. His judgement was vindicated as public polls gave Schulz an 11-point lead over Merkel (49-38).

The German chancellor’s apparent unassailability owed less to her strength than to her opponents’ weakness. Eleven years after she entered office, voters had grown weary of Merkel’s leadership but saw no viable alternative. In Schulz, they have found one. Having been engaged at EU level and held no domestic office since standing down after 11 years as mayor of the north-western market town Würselen in 1998, Schulz has been embraced by voters as a relative outsider.

Unlike his SPD colleagues, Schulz can criticise the CDU’s record without appearing hypocritical or feeble. He has attracted voters with a centre-left emphasis on redistribution and social justice. “When people see that their taxes are used to give their children a future, they buy into it,” Schulz has said in interviews.

The European Parliament has been a useful platform for his pugnacious style. He is best known for being compared to a concentration camp guard by Silvio Berlusconi in 2003 and for his interjection in 2010 after Nigel Farage branded the then EU president, Herman Van Rompuy, a “damp rag”. Schulz retorted: “It’s not right that this man should be able to trample over the dignity of this house!”

Voters have warmed to Schulz’s personal story as well as his political history. He was born on 20 December 1955 in the village of Hehlrath, North-Rhine Westphalia, to a policeman father and a homemaker mother (he is the youngest of five). Rather than going to university, he trained as a bookseller and was a promising footballer. Two severe knee injuries ended his playing career at the age of 18 and he sought refuge in alcohol after falling into depression. Having contemplated suicide, he recovered to open a bookshop in his home town (which he ran until he became an MEP in 1994) and has been teetotal since 1980.

Schulz educated himself by devouring historical fiction (his favourite writers are John Steinbeck and Giuseppe Tomasi di Lampedusa) and retains the restlessness of an autodidact (he often works 18-hour days). His bonhomie and blunt manner appeal to voters who regard Merkel as aloof.

That Schulz has come to the SPD’s rescue is unsurprising. He joined the party at the age of 19 and became the youngest mayor in North-Rhine Westphalia when he was elected in Würselen at 31. After more than two decades serving the EU, the attractions of a return to domestic politics were obvious. “People must look into your eyes and see that you are a bloody streetfighter,” he remarked in 2013, as he presciently dismissed Ed Miliband’s electoral chances.

Schulz has disoriented the Christian Democrats, who failed to anticipate a centre-left renaissance. In a mark of how much he has unsettled them, the German finance minister, Wolfgang Schäuble, has denounced him as a Trump-like populist for his slogan “Make Europe great again”. Were Schulz to replace Merkel and Emmanuel Macron to be elected French president, the pair would unite in seeking to impose punitive Brexit terms on the UK.

For Germany’s Social Democrats, the fear is that Schulz’s surge has come too soon – voters could swing back to Merkel and the CDU before polling day. But after years as an emblem of centre-left malaise, the SPD has momentum. Schulz is determined to prove that there are second acts in political lives. 

George Eaton is political editor of the New Statesman.

This article first appeared in the 24 February 2017 issue of the New Statesman, The world after Brexit