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India-Pakistan
Five Swiss accounts confirmed
2010-01-21
[The News (Pak)] Swiss investigating Magistrate Vincent Fournier, while closing the corruption case against Asif Ali Zardari and Jens Schlegelmilch on Pakistan's request, had done away with the freeze on accounts of the president that he had earlier served on, at least, five banks.

The banks included UBS SA, Bank Julius Bafr & Co Ltd, Barclays Bank (Switzerland) SA, BNP Paribag (Switzerland) SA and Banque Privee Edmond De Rothschild SA, a copy of the closely-guarded magistrate's order of April 9, 2008 available with The News, shows.

The frozen money was promptly withdrawn after the magistrate's order, according to an informed official. Apart from closing the international mutual assistance proceedings, launched on Pakistan's request 11 years back, the magistrate also "lifted all the attachments ordered in the name of the mutual assistance."

The two-page order of the magistrate spelt out several steps that he took during the lengthy judicial process, starting in 1997, in "Proceedings Nr CP/289/1997, Ref OFJ 107700BF, International Mutual Assistance Pakistan-Bhutto case" and also named various banks and companies having anything to do with the probe that he was carrying out.

Following is the English rendering of text of the interesting and self-explanatory order, available with the government as well as President Zardari, which was originally written in French language: "Republic and Canton of Geneva, Judicial Power, Examining Magistrate Office; Closing Order of the Mutual Assistance Proceedings; In view of Proceedings Nr CP/289/1997; In view of the request for mutual assistance of the Islamic Republic of Pakistan to Switzerland dated 8 and 20 of September as well as 3 October 1997 filed with the Federal Office of Justice (hereinafter [called] 'FOJ'); In view of the urgent provisional remedies directly ordered by the FOJ on 8 and 17 September as well as on 7 October 1997, consisting the freezing of bank accounts, provisional remedies having been notified to various banks in Geneva; In view of the orders of admission and execution of the investigating magistrate of 16 October 1997, confirming the aforesaid provisional remedies notified to the banks concerned; In view of the international rogatory letters dated 6 November 1997 issued by the Attorney General of the Islamic Republic of Pakistan, forwarded by the FOJ to the investigating magistrate on 10 November 1997; In view of the partial closing orders issued in the mutual assistance proceedings, inter alia, the order of 23 February 2001 notified to Barclays Bank (Suisse SA) once Mariston Securities Inc, and Nassam Overseas Inc, which were appealed of; In view of the decisions of the Swiss Federal Court of 15 October 2001 dismissing the appeal lodged by Bomar Finance Inc, Mariston Securities Inc, and Nassam Overseas Inc;

"In view of the delivery of documents of 12 November 2001 through the FOJ to the requesting state; In view of the partial closing orders issued in the mutual assistance proceedings among which the order of 30 October 2001 notified to Banque Pasche concerning Benington Managmenet Inc, Dalwington Management Inc, and Tokerston Finance SA, as well as to Citibank (Switzerland), concerning in particular Bomar Finance Inc, and Marvil Associated Inc, which orders were appealed of, the appeal by the aforesaid companies to the Geneva Court of Appeal been dismissed on 7 March 2002;

"As a consequence, the delivery of documents took place on 13 August 2002 directly in the hands of the requesting state with the agreement of FOJ;

"In view of the authorization given in May 2002 to Banque Pasche to transfer the funds frozen into the books to Banque Privee Edmond De Rothschild SA; In view of the attachment of assets executed with UBS SA, Bank Julius Bafr & Co Ltd, Barclays Bank (Switzerland) SA, BNP Paribas (Switzeralnd) SA and Banque Privee Edmond De Rothschild SA;

"Whereas, by mail dated 10 March 2008, the requesting state, requested by the Attorney General of the Islamic Republic Pakistan, has withdrawn all its requests for mutual assistance; Whereas, therefore, the present proceedings should be purely and simply closed; Whereas in view of the execution of the freezing orders, the third parties deposition shall be notified by a copy of this order;

Further to what has been said, the investigating magistrate closes the mutual assistance proceedings; lifts all the attachments ordered in the frame of the mutual assistance; notified this order to UBS SA, Bank Julius Bafr & Co Ltd, Barclays Bank (Switzerland) SA, BNP Paribag (Switzerland) SA and Banque Privee Edmond De Rothschild SA' notifies this order to FOJ in its quality as monitoring authority disposing of right of appeal. Investigating Magistrate Vincent Fournier, (signature and seal)."
Posted by:Fred

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