Despite clear evidence about the improper handling of the scabies epidemic in prisons: the HCJ rejected the petition in the matter and adopted the State’s position that the situation was under control

On July 18, 2024, human rights organizations – PHR-Israel, HaMoked, ACRI, Adalah, and PCATI – petitioned the High Court of Justice (HCJ) regarding the scabies epidemic in the prisons. The petition concerned the months-long wide-scale spread of scabies in the prisons, especially in the blocks of Palestinian prisoners classified as “security prisoners”, kept in extreme crowdedness since the start of the war. Scabies is a parasitic skin disease that causes extreme itchiness and suffering and is highly contagious. In the absence of treatment it can result in infections and the exacerbation of preexisting skin conditions. Scabies can be easily treated with an ointment and maintaining adequate hygiene, including the frequent change of beddings and cloths, disinfecting belongings, frequent showers and keeping the ill separate.     

In the petition, it was argued that despite the claim of the Israel Prison Service (IPS) that it was handling the scabies epidemic, testimonies of attorneys who visited inmates indicated otherwise, and that in fact the epidemic was spreading. The organizations claimed that the epidemic violated the inmates’ rights to health and dignity, and also disrupted the daily routine of prison life, and demanded that the IPS act at once to eradicate the epidemic according to the well-established professional protocol. 

In its preliminary response of August 12, 2024, the State claimed that “the importance of treating the disease is undisputed” and that the petition should be dismissed due to the absence of grounds for judicial intervention given that the IPS had been acting appropriately to address the issue. The State repeated its stance ahead of the hearing, on November 21, 2024, and also argued there was a reduction in the morbidity.

In their response ahead of the hearing, the petitioning organizations again submitted to the Court direct evidence from inmates from various prisons regarding the improper conditions and inadequate treatment for eradicating the epidemic, contradicting the State’s claim that the IPS’s handling of the situation was reasonable. 

On November 25, 2024, the HCJ rejected the petition, briefly stating “we have noted the state of affairs; in view of the awareness of the IPS, the evaluations – in the medical sphere and in the logistical sphere – the guidelines and follow up methods, to set the mind at rest”.