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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What Brussels can learn from the Italian referendum

Matteo Renzi's proposed reforms would have made it easier for eurosceptic forces within Italy to gain power in upcoming elections in 2018.

The Austrian presidential elections can justifiably be claimed as a victory for supporters of the European Union. But the Italian referendum is not the triumph for euroscepticism some have claimed.

In Austria, the victorious candidate Alexander van der Bellen ruthlessly put the EU centre stage in his campaign. “From the beginning I fought and argued for a pro-European Austria,” he said after a campaign that saw posters warning against “Öxit”.

Austrians have traditionally been eurosceptic, only joining the bloc in 1995, but Brexit changed all that.  Austrian voters saw the instability in the UK and support for EU membership soared. An overwhelming majority now back continued membership.

Van der Bellen’s opponent Norbert Hofer was at an immediate disadvantage. His far right Freedom Party has long pushed for an Öxit referendum.

The Freedom Party has claimed to have undergone a Damascene conversion but voters were not fooled.  They even blamed Nigel Farage for harming their chances with an interview he gave to Fox News claiming that the party would push to leave the EU.

The European Commission, as one would expect, hailed the result. “Europe was central in the campaign that led to the election of a new president and the final result speaks for itself,” chief spokesman Margaritis Schinas said today in Brussels.

“We think the referendum in Italy was about a change to the Italian constitution and not about Europe,” Schinas added.

Brussels has a history of sticking its head in the sand when it gets political results it doesn’t like.

When asked what lessons the Commission could learn from Brexit, Schinas had said the lessons to be learnt were for the government that called the referendum.

But in this case, the commission is right. The EU was a peripheral issue compared to domestic politics in the Italian referendum.

Alberto Alemanno is Jean Monnet Professor of EU Law and an Italian. He said the reforms would have been vital to modernise Italy but rejected any idea it would lead to an Italian Brexit.

“While anti-establishment and eurosceptic actors are likely to emerge emboldened from the vote, interpreting the outcome of the Italian referendum as the next stage of Europe’s populist, anti-establishment movement – as many mainstream journalists have done – is not only factually wrong, but also far-fetched.”

Renzi was very popular in Brussels after coming to power in a palace coup in February 2014. He was a pro-EU reformer, who seemed keen to engage in European politics.

After the Brexit vote, he was photographed with Merkel and Hollande on the Italian island of Ventotene, where a landmark manifesto by the EU’s founding fathers was written.

This staged communion with the past was swiftly forgotten as Renzi indulged in increasingly virulent Brussels-bashing over EU budget flexibility in a bid to shore up his plummeting popularity. 

Commission President Jean-Claude Juncker even publicly reprimanded Renzi for demonising the EU.

Renzi’s vow to resign personalised the referendum. He gave voters a chance to give him a bloody nose when his popularity was at an all-time low.

Some of the reforms he wanted were marked “to be confirmed”.  The referendum question was astonishingly verbose and complex. He was asking for a blank cheque from the voters.

Ironically Renzi’s reforms to the constitution and senate would have made it easier for the eurosceptic Five Star Movement to gain power in upcoming elections in 2018.

For reasons best known to themselves, they campaigned against the changes to their own disadvantage.

Thanks to the reforms, a Five Star government would have found it far easier to push through a “Quitaly” referendum, which now seems very distant.  

As things stand, Five Star has said it would push for an advisory vote on membership of the euro but not necessarily the EU.

The Italian constitution bans the overruling of international treaties by popular vote, so Five Star would need to amend the constitution. That would require a two thirds majority in both houses of parliament and then another referendum on euro membership. Even that could be blocked by one of the country’s supreme courts.

The Italian referendum was closely watched in Brussels. It was hailed as another triumph for euroscepticism by the likes of Farage and Marine Le Pen. But Italians are far more likely to be concerned about the possibility of financial turbulence, which has so far been mildly volatile, than any prospect of leaving the EU in the near future.

James Crisp is the news editor at EurActiv.com.