Kortzki v. State of Israel — Supreme Court denied leave to appeal refusal of special furlough for son’s wedding

Case
Giora Kortzki v. State of Israel
Court
Supreme Court of Israel (Justice Gila Kanfi-Steinitz)
Judge
גילה כנפי-שטייניץ (Judicial Selection Committee of Israel, 2022)
Date Decided
August 13, 2026
Citation
רעב״ס 29955-08-26
Topics
Prisoner Furloughs; Life Sentences; Risk Assessment; Judicial Review

Background

Giora Kortzki, born in 1955, has been serving a life sentence since August 18, 2008, following his conviction for murdering his father-in-law and other offenses. His life sentence had not yet been fixed or reduced to a determinate term. Kortzki sought a special furlough to attend his son’s wedding on August 19, 2026.

On July 28, 2026, the Commissioner of Prisons denied the request based on opposition from the Domestic Violence Committee, treatment professionals, the Israel Police, and the intelligence division. After reviewing confidential material, the Central-Lod District Court found the decision reasonable and dismissed Kortzki’s prisoner petition, while asking prison authorities to examine whether he could participate in the wedding by videoconference under applicable procedures.

Kortzki sought leave to appeal, arguing principally that the case raised a broader question about the weight given to an indeterminate life sentence and to danger inferred from the seriousness of the offense when prison regulations permit special furloughs for such prisoners. He also challenged the consistency and independence of the risk assessments and argued that his incomplete treatment should not effectively become a threshold condition for a special furlough.

The Court’s Holding

Justice Gila Kanfi-Steinitz denied leave to appeal. The application did not satisfy the established standards for a further appeal in prisoner-petition proceedings. The asserted general question was not genuinely presented because the Commissioner had not relied solely on Kortzki’s status as a prisoner serving a life sentence that had not been fixed to a determinate term. The decision rested on individualized evidence, including the Domestic Violence Committee’s assessment, an independent and current treatment opinion dated July 20, 2026, and concrete intelligence concerning Kortzki.

The Court also found no basis to intervene on the merits. Kortzki’s stage of treatment was considered as evidence bearing on his current dangerousness, not as a threshold requirement for eligibility. The difference between a March 2024 psychological assessment—placing his risk at medium, near the low range—and the Domestic Violence Committee’s June 25, 2026 conclusion of high risk potential did not make the decision unreasonable because the committee’s assessment was more than two years newer and the earlier assessment itself still identified risk.

Judicial review addressed the reasonableness of the overall administrative decision rather than requiring each professional opinion to be assessed in isolation. Intervention in the Commissioner’s determination whether special grounds justify a furlough is reserved for a fundamental defect, such as extreme unreasonableness. Although the Court acknowledged Kortzki’s and his family’s understandable desire for his physical presence at the wedding, it found no ground for intervention.

Key Takeaways

  • A prisoner’s life sentence that has not yet been fixed to a determinate term does not by itself resolve eligibility for a special furlough; the Commissioner may rely on current, individualized treatment, domestic-violence, police, and intelligence assessments.
  • An incomplete treatment process may be considered as an indicator of present dangerousness without being treated as an automatic eligibility bar.
  • Courts review the reasonableness of the administrative decision as a whole and will disturb a special-furlough determination only for a fundamental defect, such as extreme unreasonableness.

Why It Matters

The decision confirms the narrow scope of appellate and substantive judicial review over special-furlough decisions. A significant, one-time family event does not override current, individualized security and risk evidence when the Commissioner’s assessment falls within the bounds of reasonableness.

It also clarifies that the distinction between ordinary and special furloughs remains intact when treatment progress is used as evidence of current risk rather than imposed as a formal prerequisite.

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