Appeal of Unjust Denial of Prisoner's Furlough Rights.

An appeal was filed in 4/02 on behalf of Mr. Abd el-Rahim Masarweh, a Palestinian citizen of Israel who is currently incarcerated at Ayalon prison. Adalah requested that the Supreme Court reverse the District Court’s decision to deny a furlough to Mr. Masarweh based on a drawing he produced in a prison art therapy class, secret evidence, and a reference to the security situation in Israel. In the appeal, Adalah argued that the District Court erred in its 1/02 decision, as it failed to verify whether a mandated re-assessment of Mr. Masarweh's status was carried out, and that it relied solely on a secret intelligence document prepared over one year ago, without granting Mr. Masarweh the opportunity to defend himself against these allegations. Responding to the Supreme Court appeal, the state accepted that Mr. Masarweh be granted a furlough, however, the state imposed a condition of house arrest. The state also agreed that Mr. Masarweh be allowed to apply to the Prison Authority for re-classification, in order that he may participate in a rehabilitation program. Adalah argued that these remedies were insufficient; however, the Court accepted the state's position and rejected the appeal in 6/02.

Request for Appeal 3187/02, Abd el-Rahim Masarweh v. Israel Prison Authority (decision delivered on 6 June 2002; Takdin Elyon 2002(2), 1914).