Attorney General Eliyakim Rubinstein announced today that he had decided to put Avishai Raviv on trial on charges of failure to prevent a crime, in connection with the murder of the late Prime Minister Yitzhak Rabin. He also decided to put Raviv on trial for the crimes of praising acts of violence and incitement to racism, over the Eyal movement initiation ceremony broadcast on television.
Rubinstein explained that it took a long time to deal with the case because he wanted to study the matter as thoroughly as possible. This was because of his and State Attorney Edna Arbel’s feeling that, on the essential point, there was a prima facie case for indicting Raviv, but it was necessary to check whether there was sufficient evidence to bring him to trial.
On the matter of failing to prevent a crime, Rubinstein said that, immediately after the murder, Raviv was questioned on suspicion of having committed an offense of this nature. Rubinstein said that, until January this year, the General Security Service (GSS) was opposed to putting Raviv on trial, on the grounds that this would be liable to damage the organization, and expose methods of operating agents and gathering intelligence.
In addition, GSS head Ami Ayalon believed that it would adversely affect future recruitment of agents. However, after claims that there was a conspiracy at the GSS and provocation by the organization were aired in public debate, Ayalon changed his stance.
Rubinstein’s view is that, on the face of it, Raviv knew of Yigal Amir’s intention to murder the Prime minister. However, out of motives Raviv has kept to himself, he did not report this to the GSS, even though he had worked as an agent for many years, and reported on various matters.
In his legal opinion, Rubinstein also determined that, on the matter of the Eyal initiation ceremony, there was sufficient evidence and public interest to bring Raviv to trial for offenses of praising and encouraging acts of violence, and incitement to racism. At issue is a television program broadcast in September 1995 in Channel One’s "Weekly Diary" series.
In the report, the swearing in ceremony of Eyal (Jewish Fighting Organization), which Raviv headed, was depicted. The ceremony took place on Mount Herzl, and, in the report, interviews were conducted with several masked people who made statements containing racist incitement, while threatening to spill blood, and to harm Arabs and "Jews who aren’t Jews." Following the broadcast, Raviv was suspended from his GSS activity for a month, but was afterwards reinstated in his role after he signed a guarantee of good behavior in the future.
Rubinstein also comments on other activities on account of which complaints against Raviv were made to the police, saying that these files have been closed, and cannot be reopened because they are statute barred. Nevertheless, Rubinstein states that the GSS must be on the alert to ensure that an agent does not degenerate into an agent provocateur, as happened in Raviv’s case.
On the latest complaints and the exposure of other acts that, it is claimed, were connected with Raviv, Rubinstein says that he will examine the evidence, and then consider the possibility of making him stand trial on a charge of failing to prevent a crime. Rubinstein does not detail the complaints against Raviv because, once a decision has been made to try him, this would be liable to infringe his rights.
Published by Israel's Business Arena on November 4, 1998