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Former Haitian dictator's family to get back Swiss account m
Former Haitian dictator's family to get back Swiss account money
AP
Wednesday, February 03, 2010
LAUSANNE, Switzerland — The family of former Haitian dictator Jean-Claude 'Baby Doc' Duvalier can reclaim at least US$4.6 million in Swiss bank accounts that had previously been awarded to aid groups, Switzerland's highest court said today.The Federal Supreme Court reversed a lower court's ruling that the money should have gone to charities working in the impoverished nation. The decision was reached hours before Haiti's devastating January 12 earthquake, but only published today.Such delays are common in Switzerland's legal system.The decision cannot be appealed, but the Swiss Foreign Ministry said it would try to keep the money blocked while it works on a new law for dealing with assets of "criminal origin." It said the amount of money actually totaled US$5.7 million, though the reason for the discrepancy was unclear.The government "wants to avoid the Swiss financial centre serving as a haven for illegally acquired assets," it said a statement, adding that a new law working retroactively could be ready this month.Many Haitians accuse Duvalier and his entourage of robbing millions from public funds before he was ousted in 1986. Duvalier is believed to be living in exile in France and has always denied wrongdoing.The top court said the alleged crimes in the case fell outside the statute of limitations, reversing an August decision by a lower court that found the Duvalier family had essentially acted as a "criminal organisation" by diverting public funds through a Liechtenstein foundation to accounts in Swiss bank UBS AG.The Supreme Court said it was unhappy about the ruling but that its hands were tied because the statute of limitations expired in 2001. It urged lawmakers to make it easier for assets belonging to deposed dictators to be repatriated to national governments.Haiti made its first request for the money in 1986, shortly after Duvalier's ouster.It has been frozen ever since, but Switzerland has refused to give it back to Haiti because the Haitian government wasn't charging Duvalier with any crimes in its own justice system.As a way out, the Swiss government had proposed giving the money to aid groups working in Haiti.
The Federal Supreme Court reversed a lower court's ruling that the money should have gone to charities working in the impoverished nation. The decision was reached hours before Haiti's devastating January 12 earthquake, but only published today.
Such delays are common in Switzerland's legal system.
The decision cannot be appealed, but the Swiss Foreign Ministry said it would try to keep the money blocked while it works on a new law for dealing with assets of "criminal origin." It said the amount of money actually totaled US$5.7 million, though the reason for the discrepancy was unclear.
The government "wants to avoid the Swiss financial centre serving as a haven for illegally acquired assets," it said a statement, adding that a new law working retroactively could be ready this month.
Many Haitians accuse Duvalier and his entourage of robbing millions from public funds before he was ousted in 1986. Duvalier is believed to be living in exile in France and has always denied wrongdoing.
The top court said the alleged crimes in the case fell outside the statute of limitations, reversing an August decision by a lower court that found the Duvalier family had essentially acted as a "criminal organisation" by diverting public funds through a Liechtenstein foundation to accounts in Swiss bank UBS AG.
The Supreme Court said it was unhappy about the ruling but that its hands were tied because the statute of limitations expired in 2001. It urged lawmakers to make it easier for assets belonging to deposed dictators to be repatriated to national governments.
Haiti made its first request for the money in 1986, shortly after Duvalier's ouster.
It has been frozen ever since, but Switzerland has refused to give it back to Haiti because the Haitian government wasn't charging Duvalier with any crimes in its own justice system.
As a way out, the Swiss government had proposed giving the money to aid groups working in Haiti.
AP
Wednesday, February 03, 2010
LAUSANNE, Switzerland — The family of former Haitian dictator Jean-Claude 'Baby Doc' Duvalier can reclaim at least US$4.6 million in Swiss bank accounts that had previously been awarded to aid groups, Switzerland's highest court said today.The Federal Supreme Court reversed a lower court's ruling that the money should have gone to charities working in the impoverished nation. The decision was reached hours before Haiti's devastating January 12 earthquake, but only published today.Such delays are common in Switzerland's legal system.The decision cannot be appealed, but the Swiss Foreign Ministry said it would try to keep the money blocked while it works on a new law for dealing with assets of "criminal origin." It said the amount of money actually totaled US$5.7 million, though the reason for the discrepancy was unclear.The government "wants to avoid the Swiss financial centre serving as a haven for illegally acquired assets," it said a statement, adding that a new law working retroactively could be ready this month.Many Haitians accuse Duvalier and his entourage of robbing millions from public funds before he was ousted in 1986. Duvalier is believed to be living in exile in France and has always denied wrongdoing.The top court said the alleged crimes in the case fell outside the statute of limitations, reversing an August decision by a lower court that found the Duvalier family had essentially acted as a "criminal organisation" by diverting public funds through a Liechtenstein foundation to accounts in Swiss bank UBS AG.The Supreme Court said it was unhappy about the ruling but that its hands were tied because the statute of limitations expired in 2001. It urged lawmakers to make it easier for assets belonging to deposed dictators to be repatriated to national governments.Haiti made its first request for the money in 1986, shortly after Duvalier's ouster.It has been frozen ever since, but Switzerland has refused to give it back to Haiti because the Haitian government wasn't charging Duvalier with any crimes in its own justice system.As a way out, the Swiss government had proposed giving the money to aid groups working in Haiti.
The Federal Supreme Court reversed a lower court's ruling that the money should have gone to charities working in the impoverished nation. The decision was reached hours before Haiti's devastating January 12 earthquake, but only published today.
Such delays are common in Switzerland's legal system.
The decision cannot be appealed, but the Swiss Foreign Ministry said it would try to keep the money blocked while it works on a new law for dealing with assets of "criminal origin." It said the amount of money actually totaled US$5.7 million, though the reason for the discrepancy was unclear.
The government "wants to avoid the Swiss financial centre serving as a haven for illegally acquired assets," it said a statement, adding that a new law working retroactively could be ready this month.
Many Haitians accuse Duvalier and his entourage of robbing millions from public funds before he was ousted in 1986. Duvalier is believed to be living in exile in France and has always denied wrongdoing.
The top court said the alleged crimes in the case fell outside the statute of limitations, reversing an August decision by a lower court that found the Duvalier family had essentially acted as a "criminal organisation" by diverting public funds through a Liechtenstein foundation to accounts in Swiss bank UBS AG.
The Supreme Court said it was unhappy about the ruling but that its hands were tied because the statute of limitations expired in 2001. It urged lawmakers to make it easier for assets belonging to deposed dictators to be repatriated to national governments.
Haiti made its first request for the money in 1986, shortly after Duvalier's ouster.
It has been frozen ever since, but Switzerland has refused to give it back to Haiti because the Haitian government wasn't charging Duvalier with any crimes in its own justice system.
As a way out, the Swiss government had proposed giving the money to aid groups working in Haiti.