Following a petition by Adalah, Israeli Supreme Court orders state to explain why it refuses to release the body of deceased Palestinian prisoner and author Walid Daqqa for burial
Following a hearing held yesterday (Thursday, 13 June) on a petition filed by Adalah on behalf of the family of the late Walid Daqqa, whose body has been withheld by Israeli authorities since his death in prison on 7 April 2024, the Israeli Supreme Court ordered the state to explain why it will not release his body. The family seeks the body of the deceased, the longest serving prisoner, a Palestinian citizen of Israel, for immediate burial in Baqa al-Gharbiyye, in accordance with their religious customs and beliefs. The state must provide this explanation in one month, by 15 July 2024.
CLICK HERE to the Supreme Court's decision [Hebrew]
CLICK HERE to read more about the petition
HCJ 3289/24 Sanaa Daqqa et al. v. Interim Prison Service Chief et al.
The court issued this ‘order to show cause’ or order nisi, which effectively shifts the burden of proof to the state to justify the legality of withholding Walid Daqqa’s body. The state argued that the petition must be dismissed because it needed Daqqa’s body for a potential prisoner-captives exchange deal with Hamas. However, the court rejected the state’s request.
During the hearing, the court adopted several arguments raised by Adalah, including questioning the legality of holding Daqqa's body. A key argument was that Defense Minister Gallant’s decision regarding the holding of bodies should not be applied retroactively. The court also noted that Daqqa, a citizen of Israel, did not die under circumstances similar to previous cases examined by the court involving alleged attacks against Israeli citizens; he died of cancer. Furthermore, Daqqa had already completed his main sentence and was serving an additional two-year term for his involvement in smuggling mobile phones into prison, and he was due to be released in March 2025. Even after reviewing some evidence ex parte, without the presence of the family or their legal team, the court issued the order nisi.
On 11 June, two days before the Supreme Court hearing, the state submitted an update to the Court informing it that the Israeli Security Cabinet approved Gallant's decision to withhold Daqqa's body for the purpose of future negotiations with Hamas. The state noted that, as a general policy, it does not withhold the bodies of Palestinian citizens of Israel, however, it contended that Walid Daqqa constitutes an "extremely exceptional case," justifying the withholding of his body. Additionally, the Cabinet decided to continue holding all bodies of Palestinian citizens of Israel in custody, who allegedly carried out attacks, until the government makes a decision on the overarching policy on the matter.
Adalah commented:
“The Israeli Supreme Court's decision is warranted, as it confronts the state's attempt to retroactively enforce an unjust and illegal decision by Defense Minister Yoav Gallant. This decision undermines the rule of law and violates the fundamental rights of the late Walid Daqqa and his family. Israel’s policy of withholding bodies to use them as bargaining chips exclusively against Palestinians constitutes a blatant violation of their right to dignity and the right of families to bury their deceased promptly and with respect. However, it is deeply troubling that, in the absence of sound legal justifications, the court allowed the state an extended period of time to respond to the order to show cause, prolonging the suffering of his family.”
