Ramallah - specific to "Jerusalem" - today, Monday, several institutions called for the need to make amendments to the draft draft law by the Council of Ministers and to recommend it to President Mahmoud Abbas for signature and ratification, noting that this draft law would interfere with the authority The judicial system violates the basic rights of citizens, including the “ travel ban ” and “ disclosure of banking secrecy ” to citizens.

The institutions expressed their fear of approving a draft decree of the value-added tax law for the year 2022 with the same articles that were mentioned in its last circulated version, as it carries an explicit attack on the competences of the Palestinian judicial authority by granting the Minister of Finance the authority to prevent movement “travel” in violation of the provisions of Article Eleven of the law. The basic rule that requires obtaining a judicial order in any of the cases of ban on movement, which means that the executive authority carries out judicial tasks that affect the basic rights of the Palestinian citizen.

The Executive Director of the National Authority for the Independence of the Judiciary and the Rule of Law "Istiqlal", Majed Aruri, told Al-Quds.com: "This draft law was not signed by President Mahmoud Abbas, and there is an opportunity to review it and remove any provisions that would harm human rights." citizens.”

Arouri stressed that the Basic Law prohibits harming citizens’ travel or disclosing banking secrecy and seizing matters, except by virtue of a judicial order, which is the jurisdiction of the courts and not the jurisdiction of the Minister of Finance or the executive authority, referring to attempts made in the past to impose a travel ban on citizens years ago, But it was confronted and retracted.

Aruri believes that the enforcement of this decision by law would be used for political purposes, as every Palestinian citizen has a tax file, which may open the door to interference with citizens, and the principle is that those who have crimes should be brought to trial, and not impose procedures against citizens.

Arouri stressed that the aim of this decree by law is to weaken the judiciary, by infringing on basic human rights issues for the Palestinian people, and thus affecting the public and private rights and freedoms of the Palestinian citizen.

The National Commission for the Independence of the Judiciary and the Rule of Law, "Istiklal", stressed in a statement the need to remove any materials that would constitute an infringement of the citizen's rights, such as a ban on movement and travel or seizing his money without a judicial decision.

Istiklal called for a review of the text related to the information request in a manner that takes into account the preservation of banking secrecy and in line with national and international legislation. It also called for the need for the Supreme Judicial Council to address any infringement related to the jurisdiction of the courts and the judiciary, including restricting citizens' movement and travel or seizing their property.

For his part, Ibrahim Al-Barghouti, responsible for political and legal affairs at the Palestinian Center for the Independence of the Legal Profession and the Judiciary, “Musawah,” told Al-Quds.com: “The principle in any decision is that it be issued by the competent authority, and not that travel bans and precautionary detention be granted to the minister. This is contrary to the Basic Law and the separation of powers."

Al-Barghouti continues, "Freedom of movement is one of the rights of citizens, and this decision withdraws jurisdiction from the administrative courts and entrusts them to the regular courts, in contradiction to what justified the issuance of the Administrative Courts Law, and this decision by law contains provisions that contradict the jurisdiction and separation of powers."

According to Barghouti, this draft law requires the party that wants to approve it to cancel such texts in a way that removes the character of unconstitutionality, except that the law is unconstitutional and there are legal texts confirming that “there is no tax except by law.” What is meant is the law issued by the legislative authority. Also, "there is no tax except by implementation", as it bears obligations on citizens and requires the preparation of the purpose and justifications for which the tax was imposed and the aspects of its expenditure by the representatives of the people.

Barghouti stresses that this decree-law, if approved, will generate a real crisis, and will brand the current government as a collection government, instead of being the government charged with protecting people's rights, which deviates from the necessity of respecting the social covenant, and negatively affects citizens' confidence in the government.

In turn, the head of the Bar Association, Suhail Ashour, told Al-Quds.com: “We, as a bar association, were not informed of this draft law related to value-added tax, and we will have a position on it, but what is stated in it is totally and completely unacceptable, and it is not permissible to Granting the executive authority these matters, and in principle the judiciary is a competent authority.

The National Commission for the Independence of the Judiciary and the Rule of Law "Istiqlal", confirmed in a statement that Article (95) and in the section of precautionary measures in (paragraph 1) stipulated, "Despite what is stated in any other law, the Commissioner General of Revenues may issue a decision to place a provisional seizure on Movable and immovable property belonging to any taxpayer or taxpayer, and preventing him from traveling with the approval of the Minister, if the department is asking him to pay the tax or any other sums in excess of ten thousand dinars that are due under the provisions of this law and there is sufficient evidence with the department that this taxpayer may smuggle his money or Dispose of it with the intention of preventing execution against it in any way, or if there is sufficient evidence indicating that the taxpayer intends to leave the country.

It also stipulated in (paragraph 2) “The Commissioner General of Revenues may lift the indication of preventive seizure or travel ban if the taxpayer submits sufficient guarantees that he accepts.”

And according to “Istiqlal”, “The text of Article 94 of the draft law, which grants the Commissioner General of Revenues all the powers vested in the administrative governor and any committees charged with collection, in accordance with the provisions of the Law on the Collection of Emiri Funds No. 6 of 1952 by conducting the precautionary quarantine on the money of taxpayers, the provisions of Article 21 The basic law to protect people's money, and that no private property may be confiscated except by a court ruling.

“Istiklal” considered that what was stated in the text of Article 102 of the draft law “1. The Commissioner General of Revenues may request the information necessary to implement the provisions of this law and related to any taxpayer or obligated to tax in writing from any party whatsoever, including public institutions, private and financial institutions, and local bodies, and it is not considered This is like disclosing information, provided that it is kept confidential and dealt with in accordance with the provisions of this law upon receipt.

2. The Commissioner General of Revenues may request the banking information of any taxpayer or tax liabilities suspected of committing a tax crime contrary to the provisions of this law, by virtue of a written request addressed to the Financial Follow-up Unit according to the approved form for that. “It represents a serious violation of banking secrecy and what was stated in the Palestinian Banking Law and the Law of money laundering.