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Ref: 56/2004

Date: 08 April 2004

Time: 12:00 GMT

PCHR calls upon the PA and Monetary Fund to Release Islamic Charitable Societies Bank Accounts in Accordance with Judicial Ruling

 PCHR remains concerned for the latest measures taken by the Palestinian Authority to continue it’s policy of freezing the bank accounts of a number of Islamic charitable societies.  This is in violation of a ruling by the Palestinian High Court of Justice that ordered the release of these accounts.

  The crisis began on 24 August 2004, when the Palestinian Monetary Fund issued a memorandum which demanded all working banks in Palestine to “conditionally freeze” accounts of 39 charitable societies and NGOs legally working in the Gaza Strip.  Repressing al-Salah Islamic Society, PCHR submitted a petition to the Palestinian High Court of Justice, requesting a temporary injunction on the memorandum circulated by the Palestinian Monetary Fund.  On 21 March 2004, the court issued a decision ordering the release of al-Salah Islamic Society bank accounts.

 However, the Palestinian Monetary Fund has made attempts to avoid implementation of the ruling.  On 27 March 2004, the Palestinian Monetary Fund issued a further memorandum which demanded all working banks in Palestine to “conditionally freeze” accounts of 39 charitable societies and NGOs legally working in the Gaza Strip.  As stipulated in the memorandum, the demand is based on a decision taken by the Palestinian President and comes from instructions by the Interior Minister.  On 31 March 2004, the Monetary Fund issued another memorandum (48) that demanded “relevant parties” in the concerned societies and NGOs to refer to the Minister of Interior for drawing from these accounts. On 6 April 2004, the Monetary Fund issued a memorandum (56) to all working banks in Palestine to implement the court ruling.  On the following day, the Monetary fund issued another memorandum that demanded all banks to be committed to memorandum (48) issued on 31 March 2004. 

 Instead of implementing the decision issued by the highest judicial body, in violation of article 143 of the Palestinian Penal Law and article 82 of the Judicial Authority Law, the Palestinian Monetary Fund issued a number of memorandums, claiming the decision does not have any legal basis.  PCHR believes that these measures undermine the rule of law and the independence of the judiciary, and constitute an attempt to avoid the implementation of court decisions.  PCHR calls upon the Palestinian Authority to respect the court’s decision, which ordered the release of the bank accounts of the concerned societies and NGOs. 

For relevant information see:

1.         PCHR’s press release 104/2003 issued on 28 August 2003. 

2.         PCHR’s press release 118/2003 issued on 16 September 2003.

3.         PCHR’s press release 157/2003 issued on 16 November 2003.

4.         PCHR’s press release 49/2004 issued on 21 March 2004.

5.         PCHR’s press release 53/2004 issued on 31 March 2004.

Public Document

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For more information please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 – 2825893

PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail:[email protected], Webpage http://www.pchrgaza.org