Swiss high court ruling on Haitian ex-dictator Jean-Claude Duvalier’s money will lead to new law
Talloires, France, near Geneva, where the Duvaliers fled after leaving Haiti in 1986 (photo: Talloires Tourisme)
Update (links added) 23:30 Bern, Switzerland (GenevaLunch) – The Swiss government Wednesday morning 3 February took the unusual step of freezing funds in a bank account once held by Haiti’s former dictator, Jean-Claude Duvalier, based on a special cases clause in the Swiss constitution. At the same time the Swiss supreme court published its ruling on the frozen assets, saying that they cannot be returned to the Haitian people as mandated by the Swiss Office of Justice in 2009. The court decision has prompted the Swiss Federal Council to freeze the funds long enough to pass a law that will help it avoid releasing the assets “for the benefit of the Duvalier clan, which the Federal Criminal Court deems to be a criminal organization.”
A new law would allow the Swiss parliament input on how to best return the money to Haiti.
The ruling Federal Council is asking the Foreign Affairs Department to “complete by the end of the month its work on drafting a federal law that would ultimately allow such assets to be confiscated, and to submit the draft law for consultation.” A spokesperson for the Federal Foreign Affairs Office told GenevaLunch that the law is likely to be passed in 2010. It will cover similar situations of confiscated assets, several of which have come up in recent years.
Switzerland is the only country in the past 20 years to have returned stolen “potentates” funds to the countries previously ruled by the dictators: more than CHF1.6 billion has been returned to Peru, the Philippines and Nigeria among others.
The Duvalier family has been fighting to obtain access to $5.7 million sitting in Swiss bank accounts since they were frozen in 1986, when the Haitian government made a first request for assistance to obtain what it said were stolen funds. Jean-Claude Duvalier, popularly known as Baby Doc, ruled Haiti starting in 1971, when at age 19 he became the world’s then-youngest ruler. His father, known as Papa Doc, had ruled it for the previous 13 year.
Bern, Switzerland (GenevaLunch) - The Swiss government says it “deplores” the fact that it was obliged 15 July to inform Swiss banks and the heirs to accounts that belonged to former Zaire (now DR Congo) dictator Mobutu Sese Seko that nearly CHF8 million in Swiss banks must be unfrozen, meaning the money returns to the family. “The Federal Department of Foreign Affairs deplores this result, which marks the end of 12 years of freezing of the assets in which all conceivable solutions were attempted. Since 1997 the Confederation has gone to considerable lengths to bring this matter to a satisfactory conclusion.”
