Israeli Supreme Court overturned on Monday, April 13, National Security Minister Itamar Ben-Gvir’s policy that severely restricted visits of Knesset Members (MKs) to Palestinian prisoners. The Court ruled that the policy implemented by Minister Ben-Gvir prevents MKs from performing one of essential duties: parliamentary oversight.
Palestinian political leader and prisoner Marwan Barghouti (Photo: Al Ittihad)
While the Court struck down the general policy, it did not intervene in the consistent rejections of requests by MK Ahmad Tibi (Hadash-Ta’al) to visit long-serving Palestinian political leader and prisoner Marwan Barghouti. The Court held that because so much time had passed since that initial request, it would not rule on it specifically but suggested that MK Tibi submit a new request.
The ruling follows a petition filed in April 2024 by Tibi and Adalah – The Legal Center for Arab Minority Rights in Israel, after more than a year of the National Security Minister and the Israel Prison Service (IPS) ignoring or rejecting MK Tibi’s repeated requests to visit Palestinian prisoners, most notably Marwan Barghouti. These requests were made in the context of mounting documentation of torture and ill-treatment of Palestinian prisoners, coupled with a complete lack of oversight within the prison system.
In its decision, the Court stated that the Minister’s policy—which allowed only one MK per parliamentary faction to visit prisoners—raised “fundamental difficulties”. This rule effectively blocked Hadash-Ta’al MKs from conducting monitoring visits, undermining their parliamentary duties and creating unjustified discrimination. The justices emphasized that the policy was applied selectively: MK Tibi’s requests were sidelined while others were approved, pointing to political interference by the Minister.
Adalah Attorney Myssana Morany, who filed the petition stated: “Since taking office, Minister Ben-Gvir has systematically worked to strip Palestinian prisoners of their most basic, fundamental rights through illegal and inhumane policies. Barring Arab MKs from accessing these prisons is a calculated attempt to dismantle any remaining oversight and hide the reality of detention conditions from the public eye. This ruling makes clear that the government cannot grant itself the power to silence parliamentary supervision or discriminate against MKs. Rather, the state is obligated to enable all MKs to exercise oversight over prison conditions. These visits are critical now more than ever, given the total isolation of Palestinian prisoners and the horrifying testimonies of torture, abuse, and inhumane treatment surfacing from behind prison walls.”
MK Tibi commented: “Ben-Gvir’s actions and decisions in this context were unlawful and bordered on criminal behavior, particularly as he allowed members of his own faction to visit Jewish prisoners, including prisoners convicted of the arson and murder of the Dawabsheh family, while barring Arab MKs from visiting Palestinian prisoners. The annulment of this arrangement is a step in the right direction, and we will continue to submit requests to visit prisoners.”
Related: https://maki.org.il/en/?p=33129
