Defending Palestinians with Strategic Litigation

by Adalah - The Legal Center for Arab Minority Rights in Israel
Defending Palestinians with Strategic Litigation
Defending Palestinians with Strategic Litigation
Defending Palestinians with Strategic Litigation
Defending Palestinians with Strategic Litigation
Defending Palestinians with Strategic Litigation
Defending Palestinians with Strategic Litigation
Defending Palestinians with Strategic Litigation
Defending Palestinians with Strategic Litigation
Defending Palestinians with Strategic Litigation
Defending Palestinians with Strategic Litigation
Defending Palestinians with Strategic Litigation
Defending Palestinians with Strategic Litigation

Project Report | Jun 9, 2026
Securing Parliamentary Oversight of Palestinian Prisoners' Conditions

By Ranna Khalil | Researcher

Dear Friends,

We are writing now to draw your attention to a positive outcome in a Palestinian prisoners’ rights case, admittedly a very rare occurrence.

For several years, Israeli authorities have prevented Arab Members of Knesset (MKs) from visiting Palestinians classified by the Israel Prison Service as "security prisoners", including long-serving Palestinian political leader, Marwan Barghouti. This restriction has become particularly onerous and gravely alarming since the beginning the war on Gaza in October 2023, during which Palestinian prisoners – numbering around 10,000 today - have been subjected to torture and other forms of severe ill-treatment such as lack of food, inadequate medical care, and sustained physical violence, with virtually no meaningful parliamentary oversight.

Such visits are essential. In addition to these abuses, Palestinian prisoners have also essentially been denied contact with the outside world, including no visits by the International Committee of the Red Cross (ICRC), significant limitations on access to legal counsel, and the complete denial of family visits. Much of the information currently available about prison conditions has emerged through reports issued by human rights organizations and lawyers representing detainees. Parliamentary visits provide an additional and broader mechanism for independent oversight, enabling elected representatives to assess conditions directly and engage with a wider range of prisoners beyond the limitations of attorney-client access. Adalah has led a sustained legal campaign to challenge these restrictions and secure access for Arab elected representatives to monitor prison conditions.

A significant breakthrough was achieved in a petition filed by Adalah on behalf of MK Dr. Ahmad Tibi (Hadash-Ta'al), seeking permission to visit Palestinian prisoners, including Marwan Barghouti. Adalah submitted the petition to the Israeli Supreme Court (SCT) in April 2024 after more than a year in which far-right National Security Minister Itamar Ben-Gvir and the Israel Prison Service (IPS) repeatedly ignored or rejected MK Tibi's requests.

On 12 April 2026, the SCT struck down Ben-Gvir's policy, finding that the policy unlawfully impeded MKs from carrying out one of their core responsibilities, parliamentary oversight. While the Court invalidated the general policy, it declined to rule specifically on the repeated refusals of MK Tibi's requests to visit Marwan Barghouti, reasoning that too much time had elapsed since the original request was submitted. Nevertheless, the Court indicated that MK Tibi could submit a renewed application.

In its ruling, the Court found that the Minister's policy—which permitted only one MK from each parliamentary faction to visit prisoners—raised "fundamental difficulties." In practice, the policy effectively prevented Arab MKs from conducting oversight visits, undermining their parliamentary functions and resulting in unjustified discrimination. The justices further noted the selective manner in which the policy had been implemented: while MK Tibi's requests were repeatedly denied or ignored, requests by other MKs were approved, suggesting political interference in the decision-making process.

The Tibi case built upon earlier strategic litigation brought by Adalah in 2017 on behalf of former MK Yousef Jabareen (The Joint List). That petition challenged a decision by the Knesset Committee and the IPS Commissioner to impose a blanket ban on meetings between MKs and Palestinian prisoners. In its July 2020 judgment, the three Supreme Court justices each delivered a different decision, failing to reach a majority decision. One justice ruled to reject Adalah's legal arguments; a second suggested that a new petition be filed due to proposed policy changes; and a third justice concluded that the petition raised important constitutional questions concerning the powers and rights of elected representatives. As a result, the case ended without a definitive ruling on the legality of the restrictions.

Adalah intends to build on the positive outcome in the Tibi case by seeking approval for visits by MK Tibi and other MKs to Palestinian prisoners. This oversight is critical to ending these horrendous conditions and abuses against the prisoners.

Thank you for supporting Adalah’s work.

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Jan 26, 2026
International Day of Education: Defending PCI Children's Right to Education

By Ranna Khalil | Researcher

Sep 26, 2025
Defending Palestinian Children's Rights to Access Quality Education

By Ranna Khalil | Researcher

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Organization Information

Adalah - The Legal Center for Arab Minority Rights in Israel

Location: Haifa - Israel
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Project Leader:
Ranna Khalil
Haifa , Haifa Israel
$107,619 raised of $150,000 goal
 
866 donations
$42,381 to go
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