MIFTAH
Monday, 22 July. 2024
 
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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.

 
 
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