State requests of Supreme Court to dismiss petition to disclose Netanyahu’s medical condition

The state requested that the Supreme Court dismiss the petition against Prime Minister Benjamin Netanyahu on Monday, demanding that he reveal his medical condition.

In the preliminary response to the petition against the Prime Minister's Office, demanding the disclosure of the Prime Minister's current medical status, the CEO of his office, the government of Israel, and the Attorney General wrote that since the petition was filed about six months ago, some development concerning Netanyahu’s medical state occurred, making the original reason for the petition irrelevant.

The petition was filed by healthcare professionals, MK Naama Lazimi from the Labor Party, families of the Nova Music Festival massacre victims, and survivors of Kibbutz Beeri. In addition to demanding that the prime minister reveal his medical status, they are also calling for permanent procedures regarding the medical treatment protocol for the prime minister.

Additionally, the petitioners argued that the process for disclosing Netanyahu's condition in 2023 was poorly conducted, and according to them, Netanyahu has never submitted his medical report according to the legal procedures.

Concerning the appointment of a medical team for the prime minister, the state’s response noted that the role of the Prime Minister's chief medical officer is filled by Dr. Herman Berkovich.

No specific expertise required

Moreover, contrary to the claims made in the petition, the current procedure requiring the appointment of a medical team for the prime minister does not specify any particular area of expertise that the chief medical officer must have. It only states that they must be a senior physician practicing medicine and be available to perform their duties at all hours of the day.

The state noted in its response to the petition that Prime Minister Netanyahu's physician, Dr. Berkovich, has been practicing medicine for 53 years. It added that he was recognized as a specialist in 1981 and had a medical background at Bikur Cholim Hospital, meeting the criteria outlined in the procedure.

Additionally, in line with the current protocol, the Director General of the Prime Minister's Office appointed Dr. Berkovich as the head of the Prime Minister's medical team in consultation with the Director General of the Health Ministry, who recommended the appointment on February 2, 2023, the response also noted.

Dr. Berkovich’s contract was approved for a one-year term with three options for extension, which was also noted in the state’s response. On April 15, 2024, the Prime Minister's Office Auctions Committee approved the exercise of the first option to extend the contract. In their response, the respondents noted that Dr. Berkovich has been treating the Prime Minister for decades and is very familiar with Netanyahu's medical condition. They argued that the petitioners' claim regarding Berkovich’s close relationship with the Prime Minister is irrelevant to the doctor-patient relationship.

Regarding Prof. Alon Pikarsky, head of the surgical department at Hadassah-University Medical Center, he was chosen by Dr. Berkovich, the head of the medical team, to serve as his deputy. His appointment was recommended by the Director General of the Prime Minister's Office, with the consent of the Director General of the Health Ministry. According to the current procedure, the appointment will be approved by the office's Auctions Committee in due course.