Gisha files Freedom of Information petition regarding decision to cut Gaza electricity supply
September 12, 2017
On June 21, 2017, Gisha filed an application (Hebrew) under the Freedom of Information Act with the Ministry of Defense regarding the decision made by the Security Cabinet on June 11, 2017, concerning the reduction of electricity supply to the Gaza Strip. In the application, Gisha requested information regarding the discussions held within the Ministry of Defense prior to the decision, including the specific details of the decision, and whether its implementation had been coordinated with Gaza officials. Gisha also asked if any arrangements had been made to prevent grave harm to Gaza’s civilian population and allow entry of generators and other essential equipment to the Strip.
Given that the decision has far-reaching implications for life in the Gaza Strip, and that the information requested is necessary for an informed public debate on the issue, the Ministry of Defense was asked to process the application with due expediency, and provide the information as soon as possible, and, if possible, in no more than thirty days.
Despite the clear urgency, the Ministry of Defense did not respond to the application or provide the information within the 30-day period provided for in the Freedom of Information Act. On July 23, 2017, the Freedom of Information officer at the Ministry of Defense notified Gisha (Hebrew) that details on the specifics of the decision and its implementation should be requested from the office of the Coordinator of Government Activities in the Territories (COGAT), as this information is “within their purview.” As for the remaining questions, the officer postponed the deadline by 30 days. The information, however, has not been provided as of yet.
Following the response of the Ministry of Defense, Gisha filed a similar Freedom of Information application (Hebrew) with COGAT on July 24, 2017. A supplementary request (Hebrew) was sent to COGAT on July 30, 2017, requesting copies of all documentation produced by COGAT’s various units in relation to the reduction of the power supply, and copies of all documents presented to various COGAT officials before the decision to recommend the reduction in Israel’s electricity supply to the Strip was made. Specifically, COGAT was asked to provide Gisha with a copy of a letter on this issue, sent by COGAT himself, Maj. Gen. Yoav Mordechai, to the Israel Electric Corporation on May 15, 2017.
COGAT did not respond to the application for six weeks. On September 5, 2017, the COGAT FOIA officer replied (Hebrew) as follows: “The application mostly concerns materials that are not in the possession of COGAT,” and suggested Gisha contact the FOIA officer at the Ministry of Defense – the very same officer who referred us to COGAT. The COGAT officer added: “Should any concrete questions arise that are within the purview of COGAT, I would ask that you contact our office again,” ignoring the fact that Gisha had requested documents produced by COGAT, and are therefore most certainly within its possession, such as COGAT’s letter of May 15, 2017.
In light of the avoidance displayed by both the Ministry of Defense and COGAT in responding to the application and providing the information requested, Gisha filed a petition (Hebrew) with the Tel Aviv District Court sitting as the Court of Administrative Affairs on September 13, 2017. The court was asked to instruct the Ministry of Defense and COGAT to respond to the requests submitted to them in full. Justice Nachlieli-Khayt instructed (Hebrew) the authorities to respond by October 17, 2017, and scheduled a preliminary hearing for October 26, 2017. On October 17, the deadline set for the responses to be submitted, the State Attorney’s Office requested (Hebrew) a 60-day extension, which entailed postponing the hearing. Despite Gisha’s objection, the justice granted the motion (Hebrew) and postponed the hearing by three months, to January 22, 2018.
