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April 8, 2018

Merkel requested to suspend massively corrupt Israeli submarine deal

By Joseph Zernik

German submarines provide Israel with the "second strike" capability. The deal for 3 additional submarines (on top of 6 already in Israel's possession) is fraught with massive corruption by Netanyahu's family relatives and cronies, and was signed regardless of objections by the defense establishment. Merkel is asked to act for Israel's good and suspend the deal.

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German submarines provide Israel with the "second strike" capability. The deal for 3 additional submarines (on top of 6 already in Israel's possession) is fraught with massive corruption by Netanyahu's family relatives and cronies, and was signed regardless of objections by the defense establishment. Merkel is asked to act for Israel's good and suspend the deal.


(Image by German government - public)   Details   DMCA

German Chancellor Angela Merkel


(Image by German government - public)   Details   DMCA

German Justice and Consumer Protection Minister Katarina Barley

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Tel-Aviv, April 07 - a letter has been forwarded today to the German Chancellor Merkel and Justice and Consumer Protection Minister Barley, requesting immediate suspension of an Israeli submarine purchase agreement.

Ongoing reports show massive corruption in the latest submarine purchase deal by a network of Netanyahu's family relatives and confidants, including senior government figures.

Due investigation and justice in this matter by Israeli law and justice agencies is highly unlikely. Attorney General Avichai Mandelblit, a close confidant of Prime Minister Netanyahu oversees the investigation and holds the sole decision making authority relative to filing indictments. Mandelblit is widely perceived as plagued with conflicts of interest in Netanyahu's corruption investigations. Mandelblit has also issued over the past year and a half ludicrous statements, that "no crime suspected in PM's submarine deal", and that "corruption did not reach the roots of the deal."

The purchase came into being through an unusual, irregular decision-making process, "over the objections of the defense establishment, including then Defense Minister Moshe Ya'alon".

Germany's actions are reportedly guided by commitment for Israel's security on the one hand. On the other hand -- by compliance with OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.

Former Israeli National Security Advisor, Prof Uzzi Arad (previously Netanyahu's confidant) has repeatedly stated that today, government corruption is an "existential risk". General dysfunction or incompetence of the Israeli law and justice agencies should also be taken into account.

At present, it appears that the submarine purchase agreement is not serving Israel's security needs. On the other hand, the agreement is used as a pretext for perverting true investigation and justice in this matter. The agreement effectively undermines integrity of the Israeli government in general and in particular - the Rule of Law.

Therefore, Merkel and Barley have been requested to reconsider their position regarding the submarine purchase deal and immediately suspend the agreement.

Israeli and/or German citizens are invited to join the call.

Following is the letter, forwarded to German Chancellor Merkel and Justice Minister Barely :

April 07, 2018

Chancellor Angela Merkel

Justice and Consumer Protection Minister Katarina Barley

By email: Tel-Aviv Consulate, and the Chancellor's portal

By fax: Ministry of Justice

RE: Israeli submarine purchase agreement (MOU) -- request for reconsideration and immediate suspension

Confirmation of receipt by email is kindly requested.

Dear Hon Chancellor Merkel and Hon Justice and Consumer Protection Minister Barley:

As a concerned dual German-Israeli citizen I write to request that you reconsider your position regarding Israeli submarine purchase agreement (MOU) and affect its immediate suspension.

According to Israeli media, the GFR signed an agreement (MOU) for the purchase of 3 submarines from Thyssenkrupp, but " Germany had conditioned the go-ahead on there being no corruption found on the part of the Israeli decision-makers and senior officials involved." [ i ]

However, due investigation and justice in this matter by the Israeli law and justice agencies is highly unlikely:

  • Attorney General Avichai Mandelblit, a close confidant of Prime Minister Netanyahu, oversees the investigation and holds the sole decision making authority relative to filing indictments. Mandelblit is widely perceived as plagued with conflicts of interest in Netanyahu's corruption investigations. [ ii ] Following a recent scandal involving Supreme Court Presiding Justice Esther Hayut, suspicions are mounting relative to integrity of the AG appointment process itself. [ iii ] Former Shin-Bet Head Yuval Diskin said: "The attorney general must reveal whether he was asked for his opinion on the Sara Netanyahu case by Prime Minister Benjamin Netanyahu or anyone on his behalf before being appointed; if it turns out he failed to report such an appeal, he must resign immediately." [ iv ] Regardless, Mandelblit refuses to recuse himself or resign.

  • In November 2016, prior to in-depth investigation, AG Mandelblit stated, "no crime suspected in PM's submarine deal". [ v ] In October 2017, media reported that the agreement (MOU) was signed following determination by senior Justice Ministry officers, overseen by Mandelblit himself, that "the corruption did not reach the roots of the deal."[ vi ] By now, after Netanyahu's close confidants were investigated, including former Minister Mordecai Sandberg, former Deputy Head of National Security Council Avriel Bar-Yosef, and State Witness agreements were signed, it is obvious how ludicrous such statements are.

  • In July 2017, former Defense Minister Ya'alon, whose dismissal was correlated with the submarine purchase deal, and was possibly affected to facilitate the deal, stated, "no way Netanyahu not involved in submarine affair". [ vii ]

  • In recent months it has become increasingly obvious that the investigation is specifically managed to prevent cancellation of the purchase agreement, but not necessarily for seeking the truth in the matter. [ viii ]

The GFR actions are reportedly guided by commitment for Israel's security on the hand, and on the other hand -- by compliance with OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.

In this regard it should be noted:

  • The purchase came into being through an unusual, irregular decision-making process, "over the objections of the defense establishment, including then-defense minister Moshe Ya'alon". [ ix ]

  • Former Israeli National Security Advisor Uzzi Arad (previously Netanyahu's confidant) has repeatedly stated that today, government corruption is an "existential risk" for Israel.[ x ] In a recent interview, six (6) former Mossad Chiefs stated their concerns: "Something very bad happened to our leadership". [ xi ]

  • General dysfunction or incompetence of the Israeli law and justice agencies should also be taken into account. For example, in the Harpaz document scandal, which erupted eight (8) years ago, involving top Israeli security figures, including AG Mandelblit (then IDF Chief Advocate) himself as a suspect, justice has not been served yet. [ xii ] The Human Rights Alert-NGO submission and annex for the Universal Periodic Review by the UN Human Rights Council provided extensive review of law and justice agencies in Israel today. [ xiii ] The submission was incorporated into the UN High Commissioner of Human Rights 2018 report with a note, which summarized it - "" serious deterioration in integrity of law and justice agencies... affirmed that the validity and integrity of any legal and judicial records of Israel should be deemed dubious at best." [ xiv ]

In sum:

At present, it appears that the submarine purchase agreement (MOU) is not serving Israel's security needs. On the other hand, the agreement is used as a pretext for undermining true investigation and justice in this matter. The agreement effectively undermines integrity of the Israeli government in general and the Rule of Law in particular. Therefore, you are kindly requested to reconsider your position in this matter and immediately suspend the agreement.

Truly,

Joseph Zernik, PhD

Human Rights Alert-NGO (RA)

LINKS:

i 2017-10-23 Germany, Israel sign agreement on submarine sale | Arutz Sheva

http://www.israelnationalnews.com/News/News.aspx/237100

ii 2017-01-19 Loyalist or prosecutor? Netanyahu graft probes put AG in uneasy spotlight | Times of Israel

https://www.timesofisrael.com/loyalist-witness-or-prosecutor-pm-graft-probes-put-attorney-general-in-uneasy-spotlight/

2018-01-24 Barak says Mandelblit should not handle PM's cases | Jerusalem Post

http://www.jpost.com/Israel-News/Barak-says-Mandelblit-should-not-handle-PMs-cases-539672

2018-02-24 Is Mandelblit Weak Link in Netanyahu Corruption Cases? | Tikun Olam

https://www.richardsilverstein.com/2018/02/24/mandelblit-weak-link/

iii 2018-02-20 Chief justice gives police testimony over alleged bribe offer by Netanyahu aide | Times of Israel

https://www.timesofisrael.com/chief-justice-gives-testimony-over-alleged-bribe-offer-by-netanyahu-aide/

iv 2018-02-27 We need a clear answer from Mandelblit | Ynet

Op-ed: The attorney general must reveal whether he was asked for his opinion on the Sara Netanyahu case by Prime Minister Benjamin Netanyahu or anyone on his behalf before being appointed; if it turns out he failed to report such an appeal, he must resign immediately.

https://www.ynetnews.com/articles/0,7340,L-5134785,00.html

v 2016-11-02 Israeli AG says no crime suspected in PM's submarine deal | i24

https://www.i24news.tv/en/news/israel/politics/130651-161120-israeli-ag-says-no-crime-suspected-in-pm-s-submarine-deal

vi 2017-10-20 Agreement with a question mark: Germany approved the submarine deal | Ynet [Hebrew]

Again and again signing of the Memorandum of Understanding between Israel and Germany, for the purchase of additional three submarines was delayed. Then Defense Minister Yaalon objected to the initiative" Expose': Special forum was convened in the Ministry of Justice, which determined that "the corruption did not reach the root of the deal"...

https://www.ynet.co.il/articles/0,7340,L-5031345,00.html

vii 2017-07-15 Ya'alon says no way Netanyahu not involved in submarine affair | Times of Israel

https://www.timesofisrael.com/yaalon-says-no-way-netanyahu-not-involved-in-submarine-affair/

viii 2018-03-01 'Interrogating PM Netanyahu will not compromise submarine deal' | Ynet

Senior legal, law enforcement officials examine possibility of Germany bowing out of submarine procurement deal if PM Netanyahu is questioned under caution; examination, international legal experts say deal will not necessarily be in danger, despite German 'escape clause.'

https://www.ynetnews.com/articles/0,7340,L-5139007,00.html

2018-03-01 Investigators weighed whether questioning PM would hurt submarine deal -- report | Times of Israel

Ex-defense minister steps up his attacks on PM, again alleging he is corrupt

https://www.timesofisrael.com/yaalon-says-no-way-netanyahu-not-involved-in-submarine-affair/

2018-03-01 Law enforcement agencies reportedly sought assurances that involving Netanyahu in corruption probe would not harm national security | Times of Israel

https://www.timesofisrael.com/investigators-weighed-whether-questioning-pm-would-hurt-submarine-deal-report/

2018-03-01 Submarine affair: "Netanyahu's investigation wouldn't harm the agreement" | Ynet [Hebrew]

Law enforcement agencies conducted a strategic legal review, in order to examine whether interrogation of PM Netanyahu in the submarine affair would lead to cancellation of the giant deal with Germany" The Attorney General and his staff were involved, as well as the National Security Council and the Minister of Defense. The agreement includes a condition, that no criminal conduct by decision makers or senior state officers be found in the deal...

https://www.ynet.co.il/articles/0,7340,L-5138384,00.html

ix 2017-02-28 'Submarine affair' becomes criminal probe | Jerusalem Post

http://www.jpost.com/Israel-News/Politics-And-Diplomacy/Submarine-Affair-becomes-criminal-probe-482784

x 2017-03-12 [Video] "The people are the sovereign," "Corruption is the existential risk," "Bibi go home!" | Opednews.com

https://www.opednews.com/articles/Video--The-people-are-th-by-Joseph-Zernik-Benjamin-Netanyahu_Corruption_Israel-171203-808.html

xi 2018-03-27 Talking Heads | Ynet [Hebrew]

They were in the most sensitive locations, exposed to the most confidential materials, and dedicated their lives to Israeli security. On the eve of the 70th Independence Day, Ynet set up a joint interview with six former Mossad Heads and heard their concerns" "Something very bad has happened to our leadership".

https://www.yediot.co.il/articles/0,7340,L-5199724,00.html

xii 2015-12-21 Israel's New Attorney General: Just Another Instance of Netanyahu Stacking the Deck | Haaretz

https://www.haaretz.com/israel-news/.premium-all-the-prime-ministers-men-1.5379834

2016-01-03 Cabinet secretary Mandelblit approved as new attorney general | Times of Israel

https://www.timesofisrael.com/cabinet-secretary-mandelblit-tapped-as-new-attorney-general/

2018-03-03 AG Mandelblit is exposed to risk and resignation | News1

Attorney General Avichai Mandelblit is exposed these days, while he is supposed to make decisions in PM Netanyahu's cases, to risks that cannot be understated... Mandelblit is exposed to the risk of publication of three incriminating recordings, which may present him as one, who perverted investigation and court process in the Harpaz scandal; and as one who acted as a deal broker, while he served as Chief IDF Advocate.

http://www.news1.co.il/Archive/002-D-126437-00.html

xiii 2017-06-29 Human Right Alert: SUBMISSION: State of Israel HRC UPR (2018) - Incompetence and/or corruption of the courts and the legal profession, and discrimination by law enforcement in Israel

https://www.scribd.com/document/352527742/

https://drive.google.com/file/d/0B8Aa2xQGbmk5N0RyelB6YTNBems/view?usp=sharing

2017-06-29 Human Right Alert: ANNEX to Submission: State of Israel HRC UPR (2018) - Incompetence and/or corruption of the courts and the legal profession, and discrimination by law enforcement in Israel

https://www.scribd.com/document/351709301/

https://drive.google.com/file/d/0B8Aa2xQGbmk5a2ktaEhqdHk0b1U/view?usp=sharing

xiv 2017-11-03 Report of the Office of the United Nations High Commissioner for Human Rights: Summary of Stakeholders' submissions on Israel (2018)

24. HRA-NGO highlighted the serious deterioration in integrity of law and justice agencies as a consequence of the implementation of e-government systems. It affirmed that the validity and integrity of any legal and judicial records of Israel should be deemed dubious at best.

https://documents-dds-ny.un.org/doc/UNDOC/GEN/G17/332/74/PDF/G1733274.pdf?OpenElement

https://drive.google.com/open?id=1n0zbCDCoT5nn3Pp9gyXPxKFkJ-z97Ttz

https://www.scribd.com/document/371892199/



Submitters Website: https://www.scribd.com/Human_Rights_Alert

Submitters Bio:

Dr Zernik's core research pertains to e-government and its significance for Human Rights and Civil Society.


His work won appreciation in Israel and abroad:
* Prof Uzzi Ornan - "All power to you! I hope that you see your tremendous efforts reach fruition!"
* Attorney Avigdor Feldman - "In my opinion you are doing very important work" thank you for your thorough and persistent work".
* Prof Amnon Shashua, Mobileye Co-founder - "" very important work".
* International experts, as part of anonymous peer-review - "" challenges current concepts in the field".
Four submissions, which he authored on behalf of Human Rights Alert - NGO, were incorporated into UN Human Rights Council Periodic Reports regarding the US or Israel (2010, 2013, 2015, 2018). His research has been presented and published in international academic conferences, including Data Mining (2010), Criminology (2012), E-government (2015, 2017), and were also cited in a textbook on "Machine Learning".
Online updated version: http://www.scribd.com/doc/46421113/

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