High Court demands: Even after release of thousands of terrorists, the incarceration crisis refuses to end
The government is preparing to extend the state of emergency in prisons by two months amid severe overcrowding: 22,782 inmates against a standard of 16,300 places. 90.5% of security prisoners are held in conditions that do not meet High Court requirements. The release of 3,908 prisoners as part of hostage deals did not resolve the crisis, and the number of inmates remains almost identical to the beginning of 2025.
The government is preparing to extend the state of emergency in prisons by two months, amid severe overcrowding conditions that do not meet High Court requirements. As of October 5, 2026, 22,782 inmates are held in Israel Prison Service facilities, compared to a standard of only 16,300 places – a surplus of 6,482 inmates. Each night, approximately 4,200 to 4,300 portable beds and mattresses are required to further pack cells. The situation is particularly severe among security prisoners: 8,420 out of 9,309 (about 90.5%) were held in conditions that do not meet the area requirements set by High Court rulings. Among criminal prisoners, this applies to 5,038 out of 13,473 (about 37%). The incarceration state of emergency was first declared on October 22, 2023, and has been continuously extended. Its current validity is set to expire on October 15, 2026. Despite the release of 3,908 prisoners as part of hostage deals, the number of inmates today is almost identical to the beginning of 2025 – a decrease of only 98 inmates. Prison Commissioner, Chief Superintendent Kobi Yaakobi, recommended extending the state of emergency and emphasized that no significant change in the space shortage is expected in the coming two months. Concurrently, a plan is being advanced to build 26 new prison wings in Ktziot-Saharonim, expected to add about 3,000 places, but so far the additions do not provide a sufficient response to the sharp increase. The extension of the state of emergency comes amid ongoing High Court criticism, which warned in April 2025 about overcrowding conditions and inmates sleeping on the floor, ruling that the state is obligated to ensure decent living conditions even during an emergency period.