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Ben-Gvir slams Supreme Court over prison conditions ruling

Court orders review of how Oct. 7 terrorists are treated as tensions rise over judicial oversight.

Supreme Court Justice Ruth Ronen arrives for a hearing at the court in Jerusalem on Aug. 23, 2022. Photo by Yonatan Sindel/Flash90.
Supreme Court Justice Ruth Ronen arrives for a hearing at the court in Jerusalem on Aug. 23, 2022. Photo by Yonatan Sindel/Flash90.

National Security Minister Itamar Ben-Gvir launched a sharp rebuke against Israel’s Supreme Court on Thursday after it issued a conditional order demanding an explanation for prison conditions of Hamas Nukhba Force terrorists, intensifying the debate over judicial oversight during wartime.

The Supreme Court, sitting as the High Court of Justice and responding to a petition from the Association for Civil Rights in Israel (ACRI), questioned the provision of “basic food” to security prisoners, citing reports of “significant weight loss” among detainees. The ruling prompted immediate pushback from government officials and right-wing organizations.

“The Supreme Court has become the guardian of these Nukhba scoundrels who slaughtered, raped, burned and kidnapped our sons and daughters,” Ben-Gvir declared. He emphasized that under his leadership, the Israel Prison Service provides minimum legally mandated conditions for terrorists, marking an end to what he termed “the era of feasts.”

Earlier on Thursday, activists from the Im Tirtzu Zionist NGO demonstrated outside the home of Supreme Court Justice Ruth Ronen, protesting her recent surprise visit this week to Ofer Prison, where she inquired about winter clothing and toilet paper for detained terrorists from the Gaza Strip, and whether they have pen and paper to make legal appeals.

Protesters chanted, “Winter equipment for terrorists? What about the hostages?”

Im Tirtzu director general Matan Jerafi criticized Justice Ronen’s personal inspection of prison conditions, calling it “an indelible ethical stain on the Supreme Court.”

The organization argued that such judicial oversight undermines efforts to maintain pressure on Hamas regarding hostage negotiations.

The High Court’s action follows several controversial decisions regarding terrorist detainees. In May, a Hamas operative underwent surgery at Tel Aviv Sourasky Medical Center (Ichilov Hospital). In July, reports emerged that more than 100 attackers who infiltrated the Gaza border and took part in the assault in southern Israel on Oct. 7 received state-funded legal representation, costing approximately one million shekels ($275,000).

Knesset Constitution, Law and Justice Committee Chairman Simcha Rothman said the situation demonstrates “an enormous disconnect between the Supreme Court’s ivory tower and the common sense and feelings of the people of Israel.”

The Movement for Governance and Democracy (Meshilut) warned that the court’s focus on terrorist conditions “undermines deterrence and demonstrates reckless conduct that harms Israel’s security,” particularly following the Oct. 7 attacks, which IDF investigations indicate involved approximately 7,000 Gaza participants.

Btsalmo, a civil-rights organization, suggested that the court’s decision could impede hostage negotiations, arguing that Hamas would see less urgency to reach an agreement while the judiciary oversees prisoner conditions.

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