Mr Rotem's case reached the Israeli High Court of Justice in the petition Rotem v Samet ( 1233/08 ). The petition was summarily denied in a judgment that stated that the case originated in "soured labor relationships" and not in whistle-blowing. [ viii , ix ]
However, only an unsigned, uncertified judgment paper was served, and Mr Rotem's requests for the due service of a signed and certified judgment record remain unanswered. [ x ] Therefore, the Israeli Supreme Court's judgment should be deemed a simulated court record. [ xi ]
Mr Rotem has never received any of the benefits due to him for his many years in state service, and through the years of legal battles he lost his home and his possessions, and today he is homeless.
Mr Rotem's case has been widely covered by Israeli media, which overwhelmingly support his case, and investigative journalists have confirmed his claims. [ xii , xiii , xiv , xv , xvi , xvii ]
Regardless, Mr Rotem has been denied to this date the protection due under Israeli law to whistle-blowers, or the benefits due to him for his many years in the civil service.
Worse yet, Mr Rotem has been subjected over the past several years to a series of false detentions by police, where he was humiliated, kept in handcuffs and shackled, and seriously beaten. According to media reports, such detentions typically followed by a couple of days any media report supportive of Mr Rotem. [ xviii , xix ]
In December 2013, in an unprecedented measure, 44 senior journalists wrote a letter to the State Ombudsman. The journalists noted that in various public appearances, which they covered, the Ombudsman stated that Mr Rotem was a true and honest whistle-blower. The journalists asked the Ombudsman to act accordingly and accord Mr Rotem due protection and other rights Mr Rotem deserved under the law. [ xx ]
In April 2014, State Ombudsman Yosef Shapira responded to the journalists, stating in part, "... true and sincere effort is underway... to find an honest and humane solution for this affair". [ xxi ] In April 2014, the State Ombudsman also wrote to Mr Rotem's counsel, stating for the first time that Mr Rotem would be permitted to file a formal complaint with the State Ombudsman, a right that had previously been denied with no lawful foundation. [ xxii ]
Regardless, to this date, such promises have not been fulfilled.
Mr Rotem has become the poster child of whistle-blower abuse in Israel
As is evident from the 2013 journalists' letter, the case of Mr Rotem has become a key case in the public debate over whistle-blower protection in Israel.
Earlier, in 2007, Mr Rotem was also invited to testify in the Knesset's State Oversight Committee in a session on whistle-blower protection. In the same session, former Israel Police crime investigator, criminologist Dr Meir Gilboa, stated: [ xxiii ]
... almost all enforcement agencies, be it the Israel Police or the Civil Service Authority, act as tools in the hands of the whistle-blowers' supervisors in order to harm them. We heard here one example, of Mr Rafi Rotem... they [supervisors] act to harm them... to prevent the State Ombudsman from according them due protection.
Former Member of Knesset, Professor Aryeh Eldad, wrote: [ xxiv ]
The case of Rafi Rotem is a terrible lesson for any person who confronts corruption and considers exposing it. The lesson from Rafi Rotem's case may be: Keep silent, shut your eyes, ignore.
Mr Rotem's case involves corruption of the highest levels of Israeli government
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