The Swiss government announced on Monday, that the Federal Department of Finance (FDF) initiated forfeiture proceedings before the Federal Administrative Court (FAC) concerning the Duvalier assets frozen in Switzerland.

The Duvalier case began for Switzerland in 1986, when the Haitian authorities submitted a request for mutual assistance in which they asked for the assets of the former President of Haiti, Jean-Claude Duvalier, to be frozen. These assets have since been frozen in Switzerland at all times on the basis of either international mutual assistance proceedings in criminal matters or a Federal Council decision based on the Federal Constitution.

Since 1 February 2011, the Duvalier assets have been frozen based on the Federal Act on the Restitution of Unlawful Assets (RUAA). The act provides for a one-year timeframe for the initiation of forfeiture proceedings before the FAC by the FDF. Otherwise, the freezing order becomes null and void.

With its decision of 2 February 2011, the Federal Council instructed the FDF to initiate forfeiture proceedings concerning the Duvalier assets frozen in Switzerland. If the restitution claim is successful, the Swiss Confederation will return the Duvalier assets to Haiti in accordance with the provisions of the RUAA. The forfeited assets should amount to somewhat more than CHF 5.8 million (USD$6.7).

Since his return to Haiti, Jean-Claude Duvalier asserts that the haitian assets frozen in Swiss accounts are not to him, but belong to a foundation. The representatives of the Duvalier family will be able to demonstrate the lawfulness [legality] of assets frozen, under the current procedure.

See also:

https://www.haitilibre.com/article-131-haiti-suisse-restitution-des-fonds-de-duvalier-prochainement.html (in french)

https://www.haitilibre.com/article-305-haiti-justice-haiti-va-t-il-enfin-recuperer-l-argent-de-bebe-doc.html (in french)

https://www.haitilibre.com/en/news-2257-haiti-duvalier-switzerland-and-the-illicit-funds-of-baby-doc.html

https://www.haitilibre.com/article-376-haiti-politique-fonds-de-duvalier-la-loi-suisse-est-adoptee.html (in french)

S/ HaitiLibre