זכויות אדם, חולניות מתמדת ומאסר: המקרה של שחרור מוקדם מטעמים רפואיים

Early release of seriously ill and ageing prisoners (hereinafter: “compassionate release”) can be granted based on criteria specified by law in many penal systems. The aim of this paper is to present the views and experiences of 20 Israeli Parole Boards’ Chairpersons on compassionate release using qualitative semi-structured interviews. The interviewees argued for compassionate release on the grounds of illness and old age, citing different humanitarian, utilitarian, and retributive justifications. The interviewees also indicated tensions in their decision-making process: compassionate release may be in conflict with retributive justice (and public opinion); the legal criterion for such release is vague and its process may be manipulated by unqualifying prisoners.