Wednesday, February 2, 2011

Switzerland freezes assets of Jean-Claude Duvalier

According to information from the Ministry of Foreign Affairs of Switzerland, Switzerland has blocked Tuesday, February 1, the assets of former dictator Jean-Claude Duvalier, following the entry into force of new legislation, which should allow return them to Haiti. "This law was accepted by Parliament at its autumn session 2010, it entered into force on 1 February 2011", says the Department of Foreign Affairs on its website.

"The funds were then blocked Duvalier on the basis" of this new law, say the Swiss authorities. The law was nicknamed "Lex Duvalier" in the federal government, since it was created to alleviate a shortage emerged in the long legal battle over restitution to the Haitian people by some 6 million Swiss francs (4.6 million) filed by the Duvalier family in Swiss bank accounts.

The text makes it possible to make the people robbed of illicit funds frozen in the Confederacy although judicial cooperation with the State concerned fails, which was not possible until now. According to Enrico Monfrini, Switzerland attorney for the Haitian authorities, the new Swiss law will thus hastened the return of funds "Baby Doc".

In March 2010, the former Haitian dictator Jean-Claude Duvalier had initiated proceedings before the Swiss courts to recover millions of dollars frozen in accounts in Switzerland for twenty-four decision of the Swiss government. He challenged the decision of Bern to block the funds back after a decision of the highest court of Switzerland, the Federal Court.

The Court upheld an earlier decision of the Swiss justice that these assets had been obtained by criminal means. But since Swiss law prevailed in this case because of the absence of a mutual legal assistance treaty between Haiti and Switzerland, he noted that the crimes committed were prescribed since 2001, according to the Swiss Penal Code.

Haiti is estimated that over 100 million dollars have been diverted under the guise of social work before the fall of the dictator, who had succeeded his father in 1971, Francis was elected president in 1957. After twenty-five years of exile in France, Jean-Claude Duvalier returned to Haiti in mid-January, will help ensure the country's reconstruction after the earthquake of January 12.

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