The Haifa Central Court decided on Thursday to return the case of released Jerusalemite prisoner Fadwa Hamada to the Israeli Magistrate's Court, in preparation for annulling the conviction issued against her based on seven indictments submitted by the Public Prosecution. The convictions were filed during her detention, which lasted for more than six years, before her release as part of a prisoner exchange deal that took place in November 2023.
This decision came after a court session to consider the appeal filed by Hamada's defense team, headed by attorney Raslan Mahajna, against the Magistrates' Court ruling sentencing her to two years in prison, despite her inclusion in the exchange deal. The Central Court deemed the freed prisoner's health and psychological state warranted a reassessment of the sentence and penalty, especially in light of medical reports confirming the seriousness of her health condition.
The court requested the Public Prosecution to submit its official response within five days, stating that if the proposal is approved, the case will be permanently closed, and Hamada will not be returned to prison. Instead, she will be transferred to a specialized hospital for voluntary psychological treatment under the supervision of her family.
Attorney Muhajna explained that his client suffers from a critical psychological and health condition that worsened during her years in prison at Al-Damon, where she was subjected to repeated solitary confinement and harsh interrogations. He emphasized that the implementation of the prison sentence against her poses a direct threat to her life.
For her part, the mother of the freed prisoner, Amal Hamada, addressed a moving plea to the court, asking for mercy and compassion for her daughter, who has been suffering from psychological distress since her release. She noted that she was immediately hospitalized after her release and was unable to meet her five children as she had hoped. She said, "Fadwa cannot bear to be imprisoned again, and her children desperately need her."
It's worth noting that Hamada was arrested in 2017 and sentenced to ten years in prison and a fine of 30,000 shekels. She was released as part of a recent prisoner exchange deal, but the prosecution insisted on pursuing the case, alleging that she assaulted female prison guards during her detention.
The Palestinian Prisoners' Affairs Commission and the Palestinian Prisoners' Club affirmed that today's ruling represents a significant step toward justice for Fadwa Hamadeh, following ongoing legal efforts since the ruling was issued, during which the implementation of the ruling was suspended several times.