Ref:
118/2003 

On
Tuesday, 16 September 2003, the Palestinian High Court of Justice issued a
decision ordering the Palestinian Attorney General to explain the reasons for
freezing the bank accounts of the Gaza-based charity, al-Salah Islamic
Society.  The Attorney General was given
eight days to provide the explanation. 
This decision follows a complaint submitted to the Palestinian High
Court by the Palestinian Centre for Human Rights, which included a request for
a temporary injunction on the order and an explanation from the Palestinian
Attorney General. 

PCHR
lawyers asserted that the society was established in accordance with the Palestinian
Authority Law of Charitable Societies and NGOs, and its subsequent amendments.
The society has been registered with the Palestinian Authority Ministry of
Interior since 1996 in accordance with the law of associations (1999), and it
was re-registered in accordance with the Law of Charitable Societies and NGOs
(2000). PCHR asserted that the al-Salah Islamic Society had not committed any
offence and that no judicial procedures had been taken against it.   PCHR further explained that the freeze order
would have a dramatic impact on the ability of the society to provide the
essential health, education and welfare services which it provides to many
communities within the Gaza Strip. 

PCHR
had previously submitted 2 complaints to the office of the Palestinian Attorney
General (on 4 and 9 September 2003) to request an explanation of the decision
to freeze the accounts of al-Salah Islamic Society.  No official response was received. 

The
decision to freeze the accounts of certain charitable societies followed a
communication circulated by the Palestinian Monetary Fund on 24 August 2003 to
all banks in the OPTs ordering the freezing of all accounts registered to 39
named charitable societies and NGOs working in the Gaza Strip. According to the
communication, the request was based on a decision handed down by the
Palestinian Attorney General. The societies to which the communication referred
provide social and relief services and assistance to the most disadvantaged
segments of Palestinian society.

In
a response to the Palestinian Monetary Fund’s request, PCHR asserted that such
measures were in violation of the rule of law and international human rights
standards, and warned of the disastrous impact this measure would have on
thousands of Palestinian families who depended upon the welfare services
provided by these organizations.  In a
press release issued on 28 August 2003, PCHR declared that the rule of law must
be respected, and called upon the Palestinian Authority to ensure that these
charitable societies, which are part of Palestinian civil society, enjoy their
right to carry out their activities in accordance with the law.  PCHR had also called upon the Palestinian
Authority to immediately rescind the order.