Israeli Supreme Court Orders State to Return of Body of Deceased Palestinian Citizen of Israel, Withheld from his Family for Eight Months
On 6 May 2026, the Israeli Supreme Court ordered the Israeli Police to release the body of the deceased Palestinian man, Khaled Hassan, a Palestinian citizen of Israel, to his family for burial no later than Sunday, 10 May 2026, more than eight months after his killing. The Court further ordered the state to pay NIS 10,000 (approximately US $3,500) in costs to the petitioners.
Mr. Khaled Hassan was shot and killed by the Israeli Police in the Qalqilya area of the occupied West Bank during the night of 15–16 September 2025, while he was working. Following his killing, the authorities did not formally notify his family of his fate or of the location of his body. The family learned of his death through social media and from individuals who had been present at the scene. One of these individuals was a co-worker who had been working alongside Khaled and witnessed the events. He was arrested by Israeli forces immediately after the shooting and taken to an unknown location. According to his testimony, he observed Khaled's body being held in a detention cell for approximately four and a half hours after he had been shot. During this time, no doctor or medical personnel examined him. The witness was released several hours later and subsequently informed Khaled's family of Khaled's death.
In the months that followed, Adalah's legal team, on behalf of the family, repeatedly demanded that the Israeli authorities disclose where the body was being held and the legal basis for its detention. The authorities refused throughout this period to provide any clear or official information regarding his fate.
Adalah Attorney Hadeel Abu Salih filed an urgent petition to the Israeli Supreme Court demanding: disclosure of the location of the body; the immediate opening of an investigation into the circumstances of his killing, including the conduct of a post-mortem examination; and the return of his body to his family for burial in accordance with their religious beliefs and basic rights.
In the course of the proceedings, the authorities provided contradictory information regarding which Israeli authority held the body. While the Military Prosecution initially claimed that the army had no connection to the matter, the state subsequently disclosed that Khaled's body was in military custody, and that the security authorities were considering whether to continue its detention on the basis of a purported suspicion of involvement in a “terrorist act”. The Court granted the state six successive extensions to file its preliminary response to the petition.
The night before a hearing was due to be held before the Supreme Court, the state acknowledged that Hassan had been struck by gunfire that was not directed at him while police officers were arresting a co-worker who was standing in front of him. On this basis, the state concluded that it had no legal justification for continuing to withhold the body and undertook to return it to the family.
The Supreme Court accordingly ruled that, in light of the state's agreement to return the body, the petition had been rendered moot, and ordered that the body be transferred to the family in coordination with them by 10 May 2026. The Court further ordered the state to pay costs of NIS 10,000 to the petitioners.
Broader Pattern
This case is not an isolated incident. The withholding of Palestinian bodies is a deliberate and systematic Israeli policy. According to the Jerusalem Legal Aid and Human Rights Center, Israel is currently withholding the bodies of over 700 Palestinians, held as bargaining chips for future negotiations, depriving families of the most basic right to bury their loved ones with dignity. Adalah has consistently challenged this policy as a form of cruel and inhumane treatment, and is currently representing approximately a dozen families in separate proceedings before the Israeli Supreme Court, demanding the release of withheld bodies for burial.
Case citation: HCJ 67707-09-25 Sarah Hassan vs. Israel Police, et al (decision delivered 6 May 2026)
