Moshe Katsav
Encyclopedia
Moshe Katsav is an Israel
i politician. He served as the eighth President of Israel
, a leading Likud
member of the Israeli Knesset
, and a Cabinet Minister in its government.
The end of his presidency was marked by controversy, stemming from allegations of rape of one female subordinate and sexual harassment of others. Katsav resigned the presidency on 1 July 2007. In a landmark and unprecedented case, on 30 December 2010, Katsav was convicted of two counts of rape, obstruction of justice
and other charges. On 22 March 2011, in a landmark ruling, Katsav was sentenced to seven years in prison. Katsav has appealed his conviction to the Supreme Court of Israel
. On 10 November 2011, the Supreme Court affirmed Katsav's conviction and punishment, rejecting possibly exculpatory evidence.
, Iran as Musa Qasab. His family brought him to Tehran
when he was an infant; in June 1951, when he was five, they immigrated to Israel
. He remains fluent in Persian
. Upon arriving in Israel, the Katsav family was sent to a ma'abara, an immigrant tent-camp in Israel's south, inland from the port city of Ashdod. In the winter of 1951, severe flooding inundated the camp, and Katsav's two-month-old brother Zion died. Katsav and his family lived in a tent camp for recent immigrants for several years before the camp was developed into the city of Kiryat Malachi.
Katsav attended the Hebrew University of Jerusalem
beginning in 1968, and while studying he taught history and mathematics
in a high school. He graduated in 1971 with a Bachelor of Arts in economics and history.
He married Gila Katsav
in 1969. The couple has five children and two grandchildren.
Party, and at the age of 24 was elected the mayor of Kiryat Mal'akhi, the small town in which he was raised. He was subsequently elected as a Member of the Knesset
in 1977.
and Yitzhak Shamir
, Katsav served as the deputy Minister of Construction and Housing
(1981–83). He then served as the Minister of Labor and Welfare in the national unity government which served from 1984–88. During 1988–92 he served as the Transportation Minister under Yitzhak Shamir
, and under Benjamin Netanyahu
's first government (1996–1999), he served as Deputy Prime Minister and Minister of Tourism
.
The public positions filled by Katsav include the following: Chairman of the Iranian Immigrants Organization; Chairman of the commission to determine higher education tuition; and Member of Ben-Gurion University
Board of Trustees.
. In a surprising upset, he defeated Peres to become the president of Israel, being elected by the Knesset on 31 July 2000. He took 63 votes (over 57 for Peres), two more than the required majority of 61, and was sworn in on 1 August. He was the first President of Israel to have been sworn in for a seven-year term, as well as the first candidate from the right wing Likud party to be elected to the office.
The office of the Israeli President
is largely ceremonial, with no executive powers save pardon
ing prisoners and commuting sentences. Nevertheless, each president emphasizes different aspects of the role during his tenure. In 2003, on a visit to Italy
, he demanded that the Vatican
restore treasures allegedly brought to Rome after the fall of Jerusalem in 70 AD.
On 8 April 2005, the alphabetic ordering of leaders during the funeral
of Pope John Paul II
resulted in Katsav sitting near Iranian President
Mohammad Khatami
who, like Katsav, was born in the Iranian city of Yazd. Katsav told the press that he shook Khatami's hand and spoke to him in Persian
. Khatami later denied this.
, Menahem Mazuz, that he was being blackmailed by a female employee. The investigation quickly turned against Katsav as the employee, referred to as A., alleged sexual offences. A., who worked with Katsav when he was Minister of Tourism, claimed that Katsav raped her twice and sexually harassed her in various other ways. Katsav was accused of raping and sexually harassing
up to ten women. Police raided his house and seized computers and documents on 22 August. There were calls for him to resign or suspend himself from the presidency. Katsav was questioned on 23 August ("under warning").
On 7 September, receiving complaints from at least four different women (according to IBA
's correspondent for police affairs), the Israel Police
determined that they had enough evidence for an indictment. Katsav did not attend the ceremony swearing-in Dorit Beinisch
as President of the Israeli Supreme Court
. On 13 September, the Knesset House Committee approved Katsav's request for leave of absence. The ceremony, normally held at the president's house, was moved to the Knesset.
Police said that seven women had testified against Katsav and the allegations included "breach of trust, fraud, and involvement in illegal wiretapping." On September 18, Israel's Attorney General
, Menachem Mazuz
, stated that the likelihood of Katsav being the victim of a plot was "fairly slim." By 21 September, the number of complaints rose to eight.
On 15 October 2006, police said the complaints of five of the women would not be pursued because the statute of limitations
had run out.On 29 October, Katsav was advised to step down. While continuing to deny the allegations, he said he would resign if indicted.
Katsav with rape, sexual harassment
, breach of trust, obstruction of justice
, harassment
of a witness and fraud. The president is immune from prosecution
while in office, and could only be tried after the end of his term in August 2007 or after his resignation. The final decision on indictment would be made after a hearing where Katsav could present his case. Katsav took a three-month leave of absence approved by the Knesset
on 25 January. Knesset Speaker Dalia Itzik
assumed the office of president in the interim in a "caretaker" capacity.
On 7 March 2007, an attempt to impeach
Katsav failed. In accordance with a plea bargain
, Katsav resigned effective on 1 July 2007 (His seven-year term was scheduled to run out constitutionally on 15 July 2007).
On 24 January 2007, Katsav held a press conference at which he accused journalists of persecuting him and judging him before all the evidence was in. He claimed that the media was hostile to his presidency from the start.He accused Channel 2
of conducting a witch-hunt
. Katsav declared his intention to suspend himself temporarily but refused to step down unless indicted. The speech drew shock and condemnation, from journalists, politicians, and legal figures. In a talk scheduled minutes after Katsav's speech, Prime Minister Ehud Olmert
called on him to resign from the presidency.
In March 2009, Katsav's brother Lior called the decision to indict Katsav a "blood libel
".
in which Katsav would plead guilty to several counts of sexual harassment and indecent acts and receive a suspended jail sentence. He would pay compensation to two of the victims. The rape charges brought by A. would be dropped, as well as Katsav's charges of blackmail. This led to a public outcry, in particular from women's rights organizations. Opinion polls showed that 70 percent of the public objected to the deal.A protest at Rabin Square
in Tel Aviv
drew a large crowd. The attorney general claimed the agreement would spare humiliation of the presidency. Katsav's attorneys said they accepted to avoid an arduous trial.
On 30 October 2007, the state prosecution told the High Court of Justice that it had changed its mind about the indictment on the basis of evidence from the two key complainants. The prosecution cited a meeting with Katsav's attorneys that highlighted contradictions in their testimony, including an affectionate letter from one of the complainants after the two rapes allegedly occurred. The move garnered harsh criticism from the complainants' attorneys. Katsav called off the plea bargain in April 2008. According to one of his lawyers, Avigdor Feldman
, he believed the prosecution did not have enough evidence to convict him.
District Court. His trial took place between August 2009 and June 2010 before a panel of three judges, consisting of Presiding Judge George Kara and Justices Miriam Sokolov and Judith Shevach.
Katsav's testimony began in January 2010. The trial was held behind closed doors (as is customary in trials of sexual offenses) and a media ban was imposed on the details of the trial, witnesses and testimony. The ban was lifted in August 2010, when protocols of the trial were released.
On 30 December 2010, Katsav was unanimously found guilty of "rape, sexual harassment
, committing an indecent act while using force, harassing a witness and obstruction of justice
" by the three-judge panel. Presiding Judge George Kara read the verdict which stated that Katsav "engaged in a campaign of vilification against the plaintiffs." Katsav faced a maximum sentence of 49 years. Prime Minister Benjamin Netanyahu
said that it was "a sad day for Israel", but that the verdict shows that in Israel "all are equal before the law, and that every woman has exclusive rights to her body." The conviction was described as "landmark" and "unprecedented", and the story featured prominently in the international media. The sentencing phase began on 22 February 2011.
On 22 March 2011, Moshe Katsav was sentenced to seven years in prison and two years probation for rape, indecent acts, sexual harassment and obstruction of justice, becoming the first former President of Israel to be sentenced to prison. In addition, he was ordered to pay one of the women he raped a sum of 100,000 NIS and another a sum of 25,000 NIS. Katsav's lawyer Zion Amir told reporters that the sentence would be appealed to the Supreme Court
.
In July 2011, it was cleared for publication that Katsav was under police investigation on suspicion of using private investigator
s to harass witnesses and a complaintant. Police suspected that the investigators were trying to obtain new evidence to undermine their credibility. It was thought that Katsav hired the investigators after he was found guilty and before the Supreme Court appeal was filed. Katsav, his brothers Lior and Yoram, and his son Noam were questioned for an hour by National Fraud Investigations Unit officers on suspicion of witness harassment, tampering and invasion of privacy.
In May 2011, Supreme Court Justice Yoram Danziger
granted Katsav's motion to stay his entrance to prison until the Supreme Court heard his appeal. Deliberations on the appeal began on 7 August 2011, and were conducted by a three-judge panel consisting of Justices Edna Arbel
, Miriam Naor, and Salim Joubran. Katsav's attorney suggested that his client actually was sexually involved with one of the alleged victims, but that no rape occurred. He also suggested that the plaintiffs' testimonies were filled with contradictions. When deliberations resumed on 10 August, Katzav's attorney suggested that his client's actions did not constitute anything beyond "an ordinary hug." Deliberations on the appeal adjourned on 11 August. The court delivered its opinion on 10 November, unanimously upholding Katsav's conviction and sentence. The three-judge panel stated that they refrained from assessing the truth of the statements made by the accusers and otherwise rejected possibly exculpatory evidence. Justice Salim Joubran stated that Katsav "fell from the loftiest heights to the deepest depths. Such a senior official should be a role model to his subordinates. Every woman has a right to her own body. A right to dignity. A right to freedom. No one has the liberty to take any of those from her". Katsav was given one month to put his affairs in order, and will begin serving his sentence on 7 December.
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
i politician. He served as the eighth President of Israel
President of Israel
The President of the State of Israel is the head of state of Israel. The position is largely an apolitical ceremonial figurehead role, with the real executive power lying in the hands of the Prime Minister. The current president is Shimon Peres who took office on 15 July 2007...
, a leading Likud
Likud
Likud is the major center-right political party in Israel. It was founded in 1973 by Menachem Begin in an alliance with several right-wing and liberal parties. Likud's victory in the 1977 elections was a major turning point in the country's political history, marking the first time the left had...
member of the Israeli Knesset
Knesset
The Knesset is the unicameral legislature of Israel, located in Givat Ram, Jerusalem.-Role in Israeli Government :The legislative branch of the Israeli government, the Knesset passes all laws, elects the President and Prime Minister , approves the cabinet, and supervises the work of the government...
, and a Cabinet Minister in its government.
The end of his presidency was marked by controversy, stemming from allegations of rape of one female subordinate and sexual harassment of others. Katsav resigned the presidency on 1 July 2007. In a landmark and unprecedented case, on 30 December 2010, Katsav was convicted of two counts of rape, obstruction of justice
Obstruction of justice
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
and other charges. On 22 March 2011, in a landmark ruling, Katsav was sentenced to seven years in prison. Katsav has appealed his conviction to the Supreme Court of Israel
Supreme Court of Israel
The Supreme Court is at the head of the court system and highest judicial instance in Israel. The Supreme Court sits in Jerusalem.The area of its jurisdiction is all of Israel and the Israeli-occupied territories. A ruling of the Supreme Court is binding upon every court, other than the Supreme...
. On 10 November 2011, the Supreme Court affirmed Katsav's conviction and punishment, rejecting possibly exculpatory evidence.
Biography
Katsav was born in YazdYazd
Yazd is the capital of Yazd Province in Iran, and a centre of Zoroastrian culture. The city is located some 175 miles southeast of Isfahan. At the 2006 census, the population was 423,006, in 114,716 families....
, Iran as Musa Qasab. His family brought him to Tehran
Tehran
Tehran , sometimes spelled Teheran, is the capital of Iran and Tehran Province. With an estimated population of 8,429,807; it is also Iran's largest urban area and city, one of the largest cities in Western Asia, and is the world's 19th largest city.In the 20th century, Tehran was subject to...
when he was an infant; in June 1951, when he was five, they immigrated to Israel
Aliyah
Aliyah is the immigration of Jews to the Land of Israel . It is a basic tenet of Zionist ideology. The opposite action, emigration from Israel, is referred to as yerida . The return to the Holy Land has been a Jewish aspiration since the Babylonian exile...
. He remains fluent in Persian
Persian language
Persian is an Iranian language within the Indo-Iranian branch of the Indo-European languages. It is primarily spoken in Iran, Afghanistan, Tajikistan and countries which historically came under Persian influence...
. Upon arriving in Israel, the Katsav family was sent to a ma'abara, an immigrant tent-camp in Israel's south, inland from the port city of Ashdod. In the winter of 1951, severe flooding inundated the camp, and Katsav's two-month-old brother Zion died. Katsav and his family lived in a tent camp for recent immigrants for several years before the camp was developed into the city of Kiryat Malachi.
Katsav attended the Hebrew University of Jerusalem
Hebrew University of Jerusalem
The Hebrew University of Jerusalem ; ; abbreviated HUJI) is Israel's second-oldest university, after the Technion – Israel Institute of Technology. The Hebrew University has three campuses in Jerusalem and one in Rehovot. The world's largest Jewish studies library is located on its Edmond J...
beginning in 1968, and while studying he taught history and mathematics
Mathematics
Mathematics is the study of quantity, space, structure, and change. Mathematicians seek out patterns and formulate new conjectures. Mathematicians resolve the truth or falsity of conjectures by mathematical proofs, which are arguments sufficient to convince other mathematicians of their validity...
in a high school. He graduated in 1971 with a Bachelor of Arts in economics and history.
He married Gila Katsav
Gila Katsav
Gila Katsav was born in Tel Aviv, Israel, in 1948. In 1969 she married Moshe Katsav, the former President of the State of Israel. The couple has five children, four sons and a daughter, and two grandchildren.Mrs...
in 1969. The couple has five children and two grandchildren.
Political career
Katsav joined the LikudLikud
Likud is the major center-right political party in Israel. It was founded in 1973 by Menachem Begin in an alliance with several right-wing and liberal parties. Likud's victory in the 1977 elections was a major turning point in the country's political history, marking the first time the left had...
Party, and at the age of 24 was elected the mayor of Kiryat Mal'akhi, the small town in which he was raised. He was subsequently elected as a Member of the Knesset
Knesset
The Knesset is the unicameral legislature of Israel, located in Givat Ram, Jerusalem.-Role in Israeli Government :The legislative branch of the Israeli government, the Knesset passes all laws, elects the President and Prime Minister , approves the cabinet, and supervises the work of the government...
in 1977.
Cabinet minister
In the governments of Menachem BeginMenachem Begin
' was a politician, founder of Likud and the sixth Prime Minister of the State of Israel. Before independence, he was the leader of the Zionist militant group Irgun, the Revisionist breakaway from the larger Jewish paramilitary organization Haganah. He proclaimed a revolt, on 1 February 1944,...
and Yitzhak Shamir
Yitzhak Shamir
' is a former Israeli politician, the seventh Prime Minister of Israel, in 1983–84 and 1986–92.-Biography:Icchak Jeziernicky was born in Ruzhany , Russian Empire . He studied at a Hebrew High School in Białystok, Poland. As a youth he joined Betar, the Revisionist Zionist youth movement...
, Katsav served as the deputy Minister of Construction and Housing
Housing and Construction Minister of Israel
The Ministry of Housing and Construction is a portfolio in the Israeli cabinet. The ministry was created in 1961, and until 1977 it was known as the Ministry of Housing. Construction was also previously part of the Labour and Construction ministry during the provisional government between 1948 and...
(1981–83). He then served as the Minister of Labor and Welfare in the national unity government which served from 1984–88. During 1988–92 he served as the Transportation Minister under Yitzhak Shamir
Yitzhak Shamir
' is a former Israeli politician, the seventh Prime Minister of Israel, in 1983–84 and 1986–92.-Biography:Icchak Jeziernicky was born in Ruzhany , Russian Empire . He studied at a Hebrew High School in Białystok, Poland. As a youth he joined Betar, the Revisionist Zionist youth movement...
, and under Benjamin Netanyahu
Benjamin Netanyahu
Benjamin "Bibi" Netanyahu is the current Prime Minister of Israel. He serves also as the Chairman of the Likud Party, as a Knesset member, as the Health Minister of Israel, as the Pensioner Affairs Minister of Israel and as the Economic Strategy Minister of Israel.Netanyahu is the first and, to...
's first government (1996–1999), he served as Deputy Prime Minister and Minister of Tourism
Tourism Minister of Israel
The Tourism Minister of Israel is the political head of the Israeli Ministry of Tourism and a relatively minor position in the Israeli cabinet. The position is currently held by Stas Misezhnikov of Yisrael Beiteinu....
.
The public positions filled by Katsav include the following: Chairman of the Iranian Immigrants Organization; Chairman of the commission to determine higher education tuition; and Member of Ben-Gurion University
Ben-Gurion University of the Negev
Ben-Gurion University of the Negev is a university in Beersheba, Israel, established in 1969. Ben-Gurion University of the Negev has a current enrollment of 17,400 students, and is one of Israel's fastest growing universities....
Board of Trustees.
Presidency
After serving as Deputy Prime Minister in Netanyahu's government, Katsav vied for the position of President, running as the opposition candidate against Shimon PeresShimon Peres
GCMG is the ninth President of the State of Israel. Peres served twice as the eighth Prime Minister of Israel and once as Interim Prime Minister, and has been a member of 12 cabinets in a political career spanning over 66 years...
. In a surprising upset, he defeated Peres to become the president of Israel, being elected by the Knesset on 31 July 2000. He took 63 votes (over 57 for Peres), two more than the required majority of 61, and was sworn in on 1 August. He was the first President of Israel to have been sworn in for a seven-year term, as well as the first candidate from the right wing Likud party to be elected to the office.
The office of the Israeli President
President of Israel
The President of the State of Israel is the head of state of Israel. The position is largely an apolitical ceremonial figurehead role, with the real executive power lying in the hands of the Prime Minister. The current president is Shimon Peres who took office on 15 July 2007...
is largely ceremonial, with no executive powers save pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
ing prisoners and commuting sentences. Nevertheless, each president emphasizes different aspects of the role during his tenure. In 2003, on a visit to Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, he demanded that the Vatican
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
restore treasures allegedly brought to Rome after the fall of Jerusalem in 70 AD.
On 8 April 2005, the alphabetic ordering of leaders during the funeral
Funeral of Pope John Paul II
The funeral of Pope John Paul II was held on 8 April 2005, six days after his death on 2 April. The funeral was followed by the novemdiales devotional in which the Roman Catholic Church and the Eastern Catholic Churches observe nine days of mourning....
of Pope John Paul II
Pope John Paul II
Blessed Pope John Paul II , born Karol Józef Wojtyła , reigned as Pope of the Catholic Church and Sovereign of Vatican City from 16 October 1978 until his death on 2 April 2005, at of age. His was the second-longest documented pontificate, which lasted ; only Pope Pius IX ...
resulted in Katsav sitting near Iranian President
President of Iran
The President of Iran is the highest popularly elected official in, and the head of government of the Islamic Republic of Iran; although subordinate to the Supreme Leader of Iran, who functions as the country's head of state...
Mohammad Khatami
Mohammad Khatami
Sayyid Mohammad Khātamī is an Iranian scholar, philosopher, Shiite theologian and Reformist politician. He served as the fifth President of Iran from August 2, 1997 to August 3, 2005. He also served as Iran's Minister of Culture in both the 1980s and 1990s...
who, like Katsav, was born in the Iranian city of Yazd. Katsav told the press that he shook Khatami's hand and spoke to him in Persian
Persian language
Persian is an Iranian language within the Indo-Iranian branch of the Indo-European languages. It is primarily spoken in Iran, Afghanistan, Tajikistan and countries which historically came under Persian influence...
. Khatami later denied this.
Rape and sexual harassment case
In July 2006, Katsav complained to the Attorney General of IsraelAttorney General of Israel
The Attorney General of Israel stands at the head of the legal system of the executive branch and the head of the public legal establishment, in charge of protecting the rule of law and as such entrusted with protecting the public interest from possible harm by government authorities...
, Menahem Mazuz, that he was being blackmailed by a female employee. The investigation quickly turned against Katsav as the employee, referred to as A., alleged sexual offences. A., who worked with Katsav when he was Minister of Tourism, claimed that Katsav raped her twice and sexually harassed her in various other ways. Katsav was accused of raping and sexually harassing
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
up to ten women. Police raided his house and seized computers and documents on 22 August. There were calls for him to resign or suspend himself from the presidency. Katsav was questioned on 23 August ("under warning").
On 7 September, receiving complaints from at least four different women (according to IBA
Israel Broadcasting Authority
Israel Broadcasting Authority is Israel's state broadcasting network.It grew out of the radio station Kol Yisrael, which made its first broadcast as an independent station on . The name of the organisation operating Kol Yisrael was changed to Israel Broadcasting Service in 1951...
's correspondent for police affairs), the Israel Police
Israel Police
The Israel Police is the civilian police force of Israel. As with most other police forces in the world, its duties include crime fighting, traffic control, maintaining public safety, and counter-terrorism...
determined that they had enough evidence for an indictment. Katsav did not attend the ceremony swearing-in Dorit Beinisch
Dorit Beinisch
Dorit Beinisch is the president of the Supreme Court of Israel. She was appointed to the position on September 14, 2006, after the retirement of Aharon Barak. She is the first woman to serve as president of the Supreme Court.-Biography:...
as President of the Israeli Supreme Court
Supreme Court of Israel
The Supreme Court is at the head of the court system and highest judicial instance in Israel. The Supreme Court sits in Jerusalem.The area of its jurisdiction is all of Israel and the Israeli-occupied territories. A ruling of the Supreme Court is binding upon every court, other than the Supreme...
. On 13 September, the Knesset House Committee approved Katsav's request for leave of absence. The ceremony, normally held at the president's house, was moved to the Knesset.
Police said that seven women had testified against Katsav and the allegations included "breach of trust, fraud, and involvement in illegal wiretapping." On September 18, Israel's Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
, Menachem Mazuz
Menachem Mazuz
Menachem Mazuz is an Israeli jurist, who served as the Israeli Attorney General in the years 2004-2010. Mazuz was born in Djerba, Tunisia, the fourth in a family of nine children of the rabbi of one of the island's Jewish communities...
, stated that the likelihood of Katsav being the victim of a plot was "fairly slim." By 21 September, the number of complaints rose to eight.
On 15 October 2006, police said the complaints of five of the women would not be pursued because the statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
had run out.On 29 October, Katsav was advised to step down. While continuing to deny the allegations, he said he would resign if indicted.
Suspension and resignation
On 23 January 2007, Attorney-General Mazuz announced that he would consider chargingIndictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
Katsav with rape, sexual harassment
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
, breach of trust, obstruction of justice
Obstruction of justice
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
, harassment
Harassment
Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behaviour intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behaviour which is found threatening or disturbing...
of a witness and fraud. The president is immune from prosecution
Sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
while in office, and could only be tried after the end of his term in August 2007 or after his resignation. The final decision on indictment would be made after a hearing where Katsav could present his case. Katsav took a three-month leave of absence approved by the Knesset
Knesset
The Knesset is the unicameral legislature of Israel, located in Givat Ram, Jerusalem.-Role in Israeli Government :The legislative branch of the Israeli government, the Knesset passes all laws, elects the President and Prime Minister , approves the cabinet, and supervises the work of the government...
on 25 January. Knesset Speaker Dalia Itzik
Dalia Itzik
Dalia Itzik , born 20 October 1952, is an Israeli politician who currently serves as a member of the Knesset for Kadima. She has previously served in several ministerial positions, and on 4 May 2006 became the first female speaker of the Knesset, and has since served as President of Israel in an...
assumed the office of president in the interim in a "caretaker" capacity.
On 7 March 2007, an attempt to impeach
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
Katsav failed. In accordance with a plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
, Katsav resigned effective on 1 July 2007 (His seven-year term was scheduled to run out constitutionally on 15 July 2007).
On 24 January 2007, Katsav held a press conference at which he accused journalists of persecuting him and judging him before all the evidence was in. He claimed that the media was hostile to his presidency from the start.He accused Channel 2
Channel 2 (Israel)
Channel 2 is an Israeli commercial television channel.- History :In 1990, after 13 years of deliberations, the Knesset passed a law that paved the way for the establishment of commercial television in Israel. The goal was to enhance pluralism and create competition. Channel 2 began broadcasting on...
of conducting a witch-hunt
Witch-hunt
A witch-hunt is a search for witches or evidence of witchcraft, often involving moral panic, mass hysteria and lynching, but in historical instances also legally sanctioned and involving official witchcraft trials...
. Katsav declared his intention to suspend himself temporarily but refused to step down unless indicted. The speech drew shock and condemnation, from journalists, politicians, and legal figures. In a talk scheduled minutes after Katsav's speech, Prime Minister Ehud Olmert
Ehud Olmert
Ehud Olmert is an Israeli politician and lawyer. He served as Prime Minister of Israel from 2006 to 2009, as a Cabinet Minister from 1988 to 1992 and from 2003 to 2006, and as Mayor of Jerusalem from 1993 to 2003....
called on him to resign from the presidency.
In March 2009, Katsav's brother Lior called the decision to indict Katsav a "blood libel
Blood libel
Blood libel is a false accusation or claim that religious minorities, usually Jews, murder children to use their blood in certain aspects of their religious rituals and holidays...
".
Plea bargaining and indictment
On 28 June 2007, Katsav's lawyers reached a plea bargainPlea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
in which Katsav would plead guilty to several counts of sexual harassment and indecent acts and receive a suspended jail sentence. He would pay compensation to two of the victims. The rape charges brought by A. would be dropped, as well as Katsav's charges of blackmail. This led to a public outcry, in particular from women's rights organizations. Opinion polls showed that 70 percent of the public objected to the deal.A protest at Rabin Square
Rabin Square
Rabin Square , formerly Kings of Israel Square , is the largest open public city square in central Tel Aviv, Israel. Over the years it has been the site of numerous political rallies, parades, and other public events...
in Tel Aviv
Tel Aviv
Tel Aviv , officially Tel Aviv-Yafo , is the second most populous city in Israel, with a population of 404,400 on a land area of . The city is located on the Israeli Mediterranean coastline in west-central Israel. It is the largest and most populous city in the metropolitan area of Gush Dan, with...
drew a large crowd. The attorney general claimed the agreement would spare humiliation of the presidency. Katsav's attorneys said they accepted to avoid an arduous trial.
On 30 October 2007, the state prosecution told the High Court of Justice that it had changed its mind about the indictment on the basis of evidence from the two key complainants. The prosecution cited a meeting with Katsav's attorneys that highlighted contradictions in their testimony, including an affectionate letter from one of the complainants after the two rapes allegedly occurred. The move garnered harsh criticism from the complainants' attorneys. Katsav called off the plea bargain in April 2008. According to one of his lawyers, Avigdor Feldman
Avigdor Feldman
Avigdor Feldman , is an influential civil and human rights lawyer in Israel.Feldman is respected by both Palestinians and Israelis for his work as leading advocate for justice. He has appeared before the bench in many of the significant petitions presented to the Israeli High Court of Justice ...
, he believed the prosecution did not have enough evidence to convict him.
Trial and conviction
In March 2009, Katsav was formally indicted for rape and other sexual offenses in the Tel AvivTel Aviv
Tel Aviv , officially Tel Aviv-Yafo , is the second most populous city in Israel, with a population of 404,400 on a land area of . The city is located on the Israeli Mediterranean coastline in west-central Israel. It is the largest and most populous city in the metropolitan area of Gush Dan, with...
District Court. His trial took place between August 2009 and June 2010 before a panel of three judges, consisting of Presiding Judge George Kara and Justices Miriam Sokolov and Judith Shevach.
Katsav's testimony began in January 2010. The trial was held behind closed doors (as is customary in trials of sexual offenses) and a media ban was imposed on the details of the trial, witnesses and testimony. The ban was lifted in August 2010, when protocols of the trial were released.
On 30 December 2010, Katsav was unanimously found guilty of "rape, sexual harassment
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
, committing an indecent act while using force, harassing a witness and obstruction of justice
Obstruction of justice
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
" by the three-judge panel. Presiding Judge George Kara read the verdict which stated that Katsav "engaged in a campaign of vilification against the plaintiffs." Katsav faced a maximum sentence of 49 years. Prime Minister Benjamin Netanyahu
Benjamin Netanyahu
Benjamin "Bibi" Netanyahu is the current Prime Minister of Israel. He serves also as the Chairman of the Likud Party, as a Knesset member, as the Health Minister of Israel, as the Pensioner Affairs Minister of Israel and as the Economic Strategy Minister of Israel.Netanyahu is the first and, to...
said that it was "a sad day for Israel", but that the verdict shows that in Israel "all are equal before the law, and that every woman has exclusive rights to her body." The conviction was described as "landmark" and "unprecedented", and the story featured prominently in the international media. The sentencing phase began on 22 February 2011.
On 22 March 2011, Moshe Katsav was sentenced to seven years in prison and two years probation for rape, indecent acts, sexual harassment and obstruction of justice, becoming the first former President of Israel to be sentenced to prison. In addition, he was ordered to pay one of the women he raped a sum of 100,000 NIS and another a sum of 25,000 NIS. Katsav's lawyer Zion Amir told reporters that the sentence would be appealed to the Supreme Court
Supreme Court of Israel
The Supreme Court is at the head of the court system and highest judicial instance in Israel. The Supreme Court sits in Jerusalem.The area of its jurisdiction is all of Israel and the Israeli-occupied territories. A ruling of the Supreme Court is binding upon every court, other than the Supreme...
.
In July 2011, it was cleared for publication that Katsav was under police investigation on suspicion of using private investigator
Private investigator
A private investigator , private detective or inquiry agent, is a person who can be hired by individuals or groups to undertake investigatory law services. Private detectives/investigators often work for attorneys in civil cases. Many work for insurance companies to investigate suspicious claims...
s to harass witnesses and a complaintant. Police suspected that the investigators were trying to obtain new evidence to undermine their credibility. It was thought that Katsav hired the investigators after he was found guilty and before the Supreme Court appeal was filed. Katsav, his brothers Lior and Yoram, and his son Noam were questioned for an hour by National Fraud Investigations Unit officers on suspicion of witness harassment, tampering and invasion of privacy.
In May 2011, Supreme Court Justice Yoram Danziger
Yoram Danziger
Yoram Danziger is a Justice of the Supreme Court of Israel, appointed to the Court in 2007. Formerly he was managing partner and co-founder of a Ramat Gan-based law firm founded in 1984 named Danziger, Klagsbald & Co....
granted Katsav's motion to stay his entrance to prison until the Supreme Court heard his appeal. Deliberations on the appeal began on 7 August 2011, and were conducted by a three-judge panel consisting of Justices Edna Arbel
Edna Arbel
Edna Arbel is a justice on Israel's Supreme Court. She has held this post since May 2004. She is a native of Jerusalem.- Professional background :...
, Miriam Naor, and Salim Joubran. Katsav's attorney suggested that his client actually was sexually involved with one of the alleged victims, but that no rape occurred. He also suggested that the plaintiffs' testimonies were filled with contradictions. When deliberations resumed on 10 August, Katzav's attorney suggested that his client's actions did not constitute anything beyond "an ordinary hug." Deliberations on the appeal adjourned on 11 August. The court delivered its opinion on 10 November, unanimously upholding Katsav's conviction and sentence. The three-judge panel stated that they refrained from assessing the truth of the statements made by the accusers and otherwise rejected possibly exculpatory evidence. Justice Salim Joubran stated that Katsav "fell from the loftiest heights to the deepest depths. Such a senior official should be a role model to his subordinates. Every woman has a right to her own body. A right to dignity. A right to freedom. No one has the liberty to take any of those from her". Katsav was given one month to put his affairs in order, and will begin serving his sentence on 7 December.