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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Yanis Varoufakis: The left never recovered from the fall of the Soviet Union — yet there is hope

A radical internationalism is needed to democratise the EU and breathe new life into the left.

The left has been in disarray since 1991 – it never fully recovered from the collapse of the Soviet Union, despite widespread opposition to Stalinism and ­authoritarianism. In the past two decades, we have witnessed a major spasm of global capitalism that has triggered a long deflationary period across the United States and Europe. Just as the Great Depression did in the 1930s, this has created a breeding ground for xenophobia, racism and scapegoating.

The rise of centrism is also partly to blame. For a period in the late 1990s, it seemed that this had become the new doctrine of the left. In Britain, New Labour under Tony Blair was never part of the left. Margaret Thatcher was delighted by the manner in which his governments copied her policies and adopted her neoliberal mantra, though she did ask the question: if you want to vote for a Conservative, why not vote for a real one instead?

Parties such as New Labour, the Socialists in France and the Social Democrats in Germany might have called themselves the radical centre, but that was just labelling. What was happening under the surface was that the progressive parties of the left were being lured into financialisation. In the 1960s and 1970s the centre left was aware of its duty to act as a mediator between industrial capital and labour. Harold Wilson’s Labour Party, Willy Brandt’s Social Democrats in Germany and others understood that their duty was to strike a grand bargain whereby industrial capital ceded to workers’ demands for higher wages and better conditions, while they agreed to help fund the welfare state.

From the mid-1980s onwards, the left-wing leadership abandoned this duty. Industrial capital was in decline and it was much easier to look towards the super-profits of the City of London and the global banks. A Faustian pact was made with the financial sector – European governments turned a blind eye to what the bankers were doing and offered them further deregulation in exchange for a few crumbs from their table to fund welfare. This is what Tony Blair and Gordon Brown did in Britain, Gerhard Schröder did in Germany and the Socialists did in France. Then the financial crisis struck. At that point, social democrats throughout Europe lacked the moral strength and analytical power to tell bankers that although they would salvage the banks, their reign was over.

The best hope for the left is to come together to defeat the worst enemy of European democracy: “Euro-tina”, the reactionary dogma that “there is no alternative” to the continent’s current policies. Hence the EU’s true democratisation is the only alternative. This is what my collaborators and I hope to achieve with our new Democracy in Europe Movement 2025 (DiEM25). We are compiling a new economic agenda for Europe, which will answer the question I am asked on the streets everywhere I go, from Sweden to the UK: what can we do better within the EU? If the answer is “nothing”, the Brexiteers have a point – we might as well blow the whole thing up and start afresh. The alternative to the “Year Zero” approach is to recalibrate European institutions in the context of a practical and comprehensive agenda comprised of policies that will stabilise Europe’s social economy.

The EU institutions are anti-Europeanist and contemptuous of democracy. People might wonder: if that is the case, why am I arguing to stay in, but against the Union? In response, I ask those who support the left-wing argument in favour of Brexit: since when has the British state been a friend of the working class? Never. And yet their argument is: do not dismantle it. The nation state was created to promote a fictitious notion of a national interest to co-opt labour and those on the fringes of society – the “lumpenproletariat”, as we once called them. The left understands that it is not our job to destroy institutions. Instead, we struggle to take them over and use them for good. I cut my political teeth protesting against the Greek state but I do not believe that it should be dismantled and the same argument applies to the EU.

Good people who are motivated to change society often fall out with each other. I am reminded of a scene in Monty Python’s Life of Brian – when the Judaean People’s Front confronts the People’s Front of Judaea and the Popular Front of Judaea. DiEM25’s task is to try to convince our fellow left-wingers that the solution is a pan-European unity movement. A concrete example of the power that this can have is the election of Barcelona’s new mayor, Ada Colau. A DiEM25 supporter, she won the race against the odds,
having started her career running a protest movement that championed the rights of citizens threatened with eviction because they were unable to pay their mortgages.

The Syriza government, in which I served as finance minister from January to July 2015, failed to achieve change because we ended up disunited and the prime minister capitulated to the EU at the moment when he had a mandate from the Greek people to do the opposite. My hope was that if Syriza had carried on with the struggle, we would have been a catalyst for movements across Europe (such as the one that has fuelled the rise of Jeremy Corbyn) to join us.

The capitulation of Alexis Tsipras was a hefty blow to the concept of radical inter­nationalism, but I still believe that internationalism offers the solution to the problems facing Europe in this deflationary era. The number of good-quality jobs has decreased, investment is depressed and optimism about the future is being destroyed. It is the left’s duty to do all we can to end this. If we can explain to the masses what the sources of their discontent are, we have a chance to breathe new life into the left. There are no guarantees – just a chance.

This is the latest article in our “New Times” special series

This article first appeared in the 29 September 2016 issue of the New Statesman, May’s new Tories