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| PCHR Palestinian Centre for Human Rights PRESS RELEASE |
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Ref: 53/2004
Date: 31 March 2004
Time: 10:00 GMT
PCHR Condemns New Measures Taken against Islamic Charitable Societies, Which Undermine the Rule of Law and the Independence of the Judiciary
PCHR strongly condemns 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 release of these accounts.
On 27 March 2004, 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. As mentioned in the memorandum, the demand is based on a decision taken by the Palestinian President and from instructions by the Minister of Interior. The memorandum further demanded “relevant parties” in the concerned societies and NGOs to refer to the Minister of Interior for “mechanisms for drawing from these accounts.”
The same societies and NGOs were included in a similar memorandum issued by the Palestinian Monetary Fund on 24 August 2003, which was based on a decision taken by the Attorney General. PCHR condemned the decision against these societies, which provide essential basic social, educational, health, and relief services to the poorest and most vulnerable elements of Palestinian society (see PCHR’s press release on 28 August 2004). On 16 September 2003, the Palestinian High Court of Justice accepted a petition submitted by the PCHR submitted earlier on 10 September 2003, requesting a temporary injunction on the memorandum circulated by the Palestinian Monetary Fund. The court had postponed the consideration of the petition in 11 consecutive sessions, during which the Attorney General failed to provide legal justification for freezing the accounts of al-Salah Islamic Society. The Palestinian High Court of Justice issued a decision in its session held on 21 March 2004, ordering the release of al-Salah Islamic Society bank accounts. PCHR welcomed the court’s decision, which serves to ensure the rule of law and the independence of the judiciary and called for the implementation of the decision (see PCHR’s press release on 21 March 2004).
Instead of implementing the decision, issued by the highest judicial body, the Palestinian Monetary Fund issued the new memorandum, claiming the decision does not have any legal basis. PCHR believes that this decision undermines the rule of law and the independence of the judiciary, and constitutes an attempt to avoid the implementation of court decisions.
PCHR calls upon the Palestinian Authority to cancel the new memorandum and respect the court’s decision, which ordered the release of the bank accounts of the concerned societies and NGOs. PCHR warns of the disastrous impacts of the new decisions of Palestinian families who receive relief services from these societies, especially under the current living conditions, which increasingly deteriorate due to the continued Israeli occupation and the grave breaches of the Geneva Convention which are committed against civilians and property.
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:pchr@pchrgaza.org, Webpage http://www.pchrgaza.org
