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.

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France’s burkini ban could not come at a worse time

Yet more legislation against veiled women can only further divide an already divided nation.

Since mayor of Cannes David Lisnard banned the full-body burkini from his town’s beaches, as many as 15 French resorts have followed suit. Arguments defending the bans fall into three main categories. First, it is about defending the French state’s secularism (laïcité). Second, that the costume represents a misogynistic doctrine that sees female bodies as shameful. And finally, that the burkini is cited as a threat to public order.

None of these arguments satisfactorily refute the claims of civil rights activists that the bans are fundamentally Islamophobic.

The niceties of laïcité

The Cannes decree explicitly invokes secular values. It prohibits anyone “not dressed in a fashion respectful of laïcité” from accessing public beaches. However, the French state has only banned “ostentatious” religious symbols in schools and for government employees as part of laïcité (the strict separation between the state and religious society). And in public spaces, laïcité claims to respect religious plurality. Indeed, the Laïcité Commission has tweeted that the ban, therefore, “cannot be based upon the principle of laïcité”.

While veils covering the entire face such as the burqa or niqab are illegal, this is not to protect laïcité; it is a security matter. The legal justification is that these clothes make it impossible to identify the person underneath – which is not the case for the burkini.

 

By falling back on laïcité to police Muslim women in this way, the Cannes authorities are fuelling the argument that “fundamentalist secularism” has become a means of excluding Muslims from French society.

Colonial attitudes

Others, such as Laurence Rossignol, the minister for women’s rights, hold that the burkini represents a “profoundly archaic view of a woman’s place in society”, disregarding Muslim women who claim to wear their burkini voluntarily.

This typifies an enduring colonial attitude among many non-Muslim French politicians, who feel entitled to dictate to Muslim women what is in their best interests. Rossignol has in the past compared women who wear headscarves through choice to American “negroes” who supported slavery.

Far from supporting women’s rights, banning the burkini will only leave the women who wear it feeling persecuted. Even those with no choice in the matter are not helped by the ban. This legal measure does nothing to challenge patriarchal authority over female bodies in the home. Instead, it further restricts the lives of veiled women by replacing it with state authority in public.

Open Islamophobia

Supporters of the ban have also claimed that, with racial tensions high after recent terrorist attacks, it is provocative to wear this form of Muslim clothing. Such an argument was made by Pierre-Ange Vivoni, mayor of Sisco in Corsica, when he banned the burkini in his commune. Early reports suggested a violent clash between local residents and non-locals of Moroccan origin was triggered when strangers photographed a burkini-wearing woman in the latter group, which angered her male companions. Vivoni claimed that banning the costume protected the security of local people, including those of North African descent.

Those reports have transpired to be false: none of the women in question were even wearing a burkini at the time of the incident. Nonetheless, the ban has stood in Sisco and elsewhere.

To be “provoked” by the burkini is to be provoked by the visibility of Muslims. Banning it on this basis punishes Muslim women for other people’s prejudice. It also disregards the burkini’s potential to promote social cohesion by giving veiled women access to the same spaces as their non-Muslim compatriots.

Appeals to public order have, occasionally, been openly Islamophobic. Thierry Migoule, head of municipal services in Cannes, claimed that the burkini “refers to an allegiance to terrorist movements”, conveniently ignoring the Muslim victims of recent attacks. Barely a month after Muslims paying their respects to friends and family killed in Nice were racially abused, such comments are both distasteful and irresponsible.

Increased divisions

Feiza Ben Mohammed, spokesperson for the Federation of Southern Muslims, fears that stigmatising Muslims in this way will play into the hands of IS recruiters. That fear seems well-founded: researchers cite a sense of exclusion as a factor behind the radicalisation of a minority of French Muslims. Measures like this can only exacerbate that problem. Indeed, provoking repressive measures against European Muslims to cultivate such a sentiment is part of the IS strategy.

Meanwhile, the day after the incident in Sisco, riot police were needed in nearby Bastia to prevent a 200-strong crowd chanting “this is our home” from entering a neighbourhood with many residents of North African descent. Given the recent warning from France’s head of internal security of the risk of a confrontation between “the extreme right and the Muslim world”, such scenes are equally concerning.

Now more than ever, France needs unity. Yet more legislation against veiled women can only further divide an already divided nation.

The Conversation

Fraser McQueen, PhD Candidate, University of Stirling

This article was originally published on The Conversation. Read the original article.