The Israeli Public Defender’s Office warned in a report on Tuesday against worsening conditions of incarceration in prison service facilities. The report stated that the overcrowding in prison service facilities violated a prior High Court ruling and international standards. It called for immediate actions to improve prison conditions in Israel.
The report stated that nearly half of the prisoners in Israel are held in harsh overcrowding conditions that fall below the conditions provided by the Israeli High Court. The report also highlighted that one of the prison facilities housed 16,353 prisoners, which is 2,000 more prisoners than its designated capacity. Since the conflict, the prison services recorded an increase of 3,400 prisoners and detainees. The report further outlined the implications of the overcrowding, such as poor sanitary conditions, poor hygiene and pest problems, inadequacy of ventilation and the lack of basic equipment such as mattresses.
The report called for immediate actions from the government to improve prison conditions in Israel, including reducing the rate of arrests and the use of short prison terms. The report quoted that about 40 percent of inmates were awaiting trial for minor offences. The report also recommended an expansion of alternative rehabilitative means and conditional release mechanisms. The Public Defender’s Office also called on members of the Knesset, the legislature of Israel, to stop proposing private bills that seek to increase the issuing of prison sentences and the adoption of minimum sentences.
There has been a significant increase in detainees and prisoners following the Israel-Hamas conflict, which worsened the longstanding issue of overcrowding. In June 2017, the Israeli High Court ruled that the state has an obligation to provide every inmate living space of at least 4.5 square meters. To deviate from the court’s mandate, the Knesset implemented a temporary order in October 2023 to reduce pressure on the prison service by permitting the national security minister to house Palestinian detainees below the standard provided by the Israeli Supreme Court.
There are recognised standards of prison conditions in international law. Article 1 of the Basic Principles for the Treatment of Prisoners states that all prisoners shall be treated with the respect of inherent dignity and value as human beings. The UN also adopted the United Nations Standard Minimum Rules for the Treatment of Prisoners in 1995, which writes that states are obliged to provide sleeping accommodations with proper health and ventilation conditions. In 2021, the president of the Council of Europe’s Committee for the Prevention of Torture also said, “Prison overcrowding undermines any efforts to give practical meaning to the prohibition of torture and other forms of ill-treatment.” Article 13 of the Third Geneva Convention provides that prisoners of war must be humanely treated at all times, including that of international armed conflict.
