The court overturned the chief of staff’s decision to oust an MPI officer

Kochavi SpringKochavi Spring

Lt. Col. Aviv Kochavi

(Photo: Haim Hornstein)

The court exceptionally accepted a petition this week and reversed the decision of Chief of Staff Major General Aviv Kochavi, which decided to dismiss Major Gilad Franken, former commander of the MPC (investigating military police) base in Be’er Sheva. Kochavi decided to dismiss him from any command or other position and delay his promotion against a background The suicide of Sergeant Niv Loveton, A Givati ​​fighter who ended his life on September 11, 2019, after MPCH intelligence coordinators tried to recruit him as an agent.

Major Franken appealed against the decision of the chief of staff, who did not accept the appeal of the commander of the MPC, Colonel Yuval Yamin, against the decision of the head of the manpower division, Major General Moti Almoz, to take harsh measures against him.

The court ruled: “There is no dispute about the authority of the head of the ACA to take a stricter line when he takes these steps, at his discretion, especially when it comes to an event with dire consequences such as this case. The court, as a rule, as stated, will not intervene in these steps. Yet, These steps must comply with military procedures and the rules of administrative law. They should be reasonable, proportionate, and based on a sufficient factual infrastructure, As opposed to personal feeling, especially when professional and command investigations have been conducted for the event. They need to be reasoned.

“I accept the petitioner’s argument that the position that every offense he commits commits automatically and in isolation from the circumstances also holds his commanders accountable does not correspond to the essence of the ‘command responsibility’ in the IDF and the underlying rationale, nor to the rules of administrative law.”

Niv Loveton Niv Loveton

Sergeant Niv Loveton was a trainee in a commanders’ course he took for granted about two years ago – a day after MPFI intelligence coordinators tried to recruit him as an agent. Following an investigation into the matter, it was decided to take command action against a number of commanders in the military police and infantry professions. There was direct responsibility for the case.

As part of the measures, the commander of the MPC in Be’er Sheva was removed from the unit and will not serve in command positions. His promotion was delayed for six years. The former commander of the Southern MPC, an officer with the rank of lieutenant colonel, was reprimanded for his command responsibility.

Examining the conduct of Loebton’s direct commanders at the infantry school, the chief of staff determined that they had not exercised command responsibility – and had not exhausted all the capabilities to locate him. The brigade commander, the battalion commander and the company commander were reprimanded by the command for inadequate performance in the searches.

Kochavi stated that this was a serious incident and said that “the principle that leads the IDF is ‘the dear man’, and he must guide all commanders and soldiers.” The chief of staff noted that this principle derives an order to be sensitive to man, take care of his needs and “take care of everything An event of reverence and reverence for life. ” The IDF spokesman said that the investigation revealed failures, glitches and errors, which arose in the conduct of the intelligence coordinators who did not report the signs of distress that Loveton discovered in the conversation, and that after he was absent they did not reflect the sensitivity of the case.

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Warned one of the intelligence centers. Sergeant Niv Loveton

Loveton, who was an outstanding fighter in the Class Commanders course, Warned one of the two coordinators who spoke to him that he was going to hurt himself and was in severe mental distress. Following the case, indictments were filed against the two intelligence coordinators in the military tribunal, in September 2019, accusing them of offenses of false information, non-compliance with an order and misconduct.

The team of experts on the committee, appointed by the head of the IDF, Moti Almoz, the commander of the Land Forces, Yoel Strick, and the IDF’s Sharon Afek, noted to the chief of staff that the commanders and intelligence at all levels must ensure thorough processes, respect for soldiers’ rights. In addition, the team of experts, led by Eric Barbing, presented the Chief of Staff with work on recruiting and operating Mekorot sources.

“This is a very difficult incident and we must do everything so that such an incident does not happen again,” the chief of staff said. “Actions of clarification, intelligence gathering and investigation should be done with sensitivity, interest and concern for the soldier. “This is an extremely painful and unfortunate incident, and the investigating military police are required to draw lessons and implement them immediately.”

Kochavi also ordered a series of systemic measures, including strengthening the IDF’s intelligence system and updating the unit’s work procedures, formulating an updated procedure detailing the case of missing soldiers in the unit and updating the closure of operations in the event of a soldier missing in the IDF and casualties.

In addition, Kochavi stressed the importance of fighting suicide among IDF soldiers. “We must do everything and turn every stone to learn and improve from any event in order to prevent, as much as possible, these difficult cases,” he said. However, regarding the recruitment of agents to the IDF, he added The Chief of Staff says that “part of the IDF’s strengths also lies in its ability to prevent the effects of crime. The military police and the intelligence system within it have an important and central role in this and many achievements over the years. At the same time, the soldiers’ safety and health must be maintained.”

“The commanders did not behave throughout the chain in the reverence that is expected of them. Such behavior and the resulting mishaps have no place in the IDF,” he said.

In case a person around you is in crisis and may be suicidal, do not hesitate – encourage him to seek professional help and emphasize the importance of this application. Try to help him contact community professionals or national support agencies such as ARN at 1201 or on the Sahar website http://www.sahar.org.il

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