MK Tibi Accuses Ben-Gvir of Racism Over Ban on Visiting Palestinian Jailed Leader Barghouti

Lawyers’ lawmaker Ahmad Tibi (Hadash-Ta’al) accused on Wednesday, Sep 11, National Security Minister Itamar Ben-Gvir of “racist policies” during a court hearing due to his opposition to Tibi meeting with jailed Palestinian leader Marwan Barghouti.

A portrait of Marwan Barghouti at a demonstration at Kafr ad-Dik (Photo: Wikimedia)

Since 16 April 2023, MK Tibi has contacted National Security Minister and the Israeli Prison Service (IPS) six times to set up visits with Palestinian prisoners incarcerated by Israel. However, all of MK Tibi’s requests were either ignored or dismissed, without adequate explanation. This policy continued even after the Knesset’s Legal Adviser warned that “the executive branch’s prolonged failure to respond to a Knesset member represents a significant legal violation of his rights (…) not to mention an affront to the dignity of the Knesset as an institution.” Under the current policy, only one representative from each political party is permitted to visit prisoners. This arrangement follows Minister Ben-Gvir’s cancellation of a prior policy from 2022 allowing all MKs to visit prisoners. 

The accusations were made in a petition filed with Jerusalem’s Supreme Court, sitting as the High Court of Justice, by Adalah, The Legal Center for Arab Minority Rights in Israel, whose lawyers acted on Tibi’s behalf. According to Adalah, far-right coalition lawmakers and members of Ben-Gvir’s racist party have been allowed to visit terrorist Jewish prisoners without restrictions.

The petitioners further noted that Palestinian prisoner Marwan Barghouti, whom MK Tibi seeks to visit, is reportedly enduring harsh conditions of confinement, including extended periods of solitary confinement. Additionally, Barghouti’s lawyer informed his family that he had reported being beaten several times by prison guards, with the latest incident causing him to lose consciousness. According to the lawyer, this attack left visible injuries on his face, back, and leg.

The petitioners additionally argued that the restriction on MK Tibi’s visits to prisoners was imposed without legal authority under Israeli law, and violates the Knesset Members Immunity, Rights and Duties Law – 1951, which guarantees that MKs have the right to move freely throughout the state without restrictions, other than on private property. MK Tibi and Adalah thus demanded that the Supreme Court intervene immediately and issue an order to allow MK Tibi to visit Palestinian prisoners, including Marwan Barghouti, and schedule an urgent hearing on the petition.

Related: https://maki.org.il/en/?p=4374