Repatriation: Switzerland asked to return Benazir's jewellery set
The precious ornaments allegedly belonged to former PM Benazir Bhutto
The precious ornaments allegedly belonged to former PM Benazir Bhutto. PHOTO: SARIA BENAZIR
ISLAMABAD:
In what appears to be an egregiously futile end to Pakistan’s high-profile graft case in the Swiss courts against former prime minister Benazir Bhutto and her legal heirs, the government has asked the Swiss authorities to repatriate the expensive jewellery set to Pakistan instead of putting it under the hammer.
The government pursued the case of the jewellery set, allegedly belonging to assassinated former two-time premier Benazir in the Swiss courts, for almost two decades costing tens of thousands of dollars.
The case reached a dead-end last year, when Swiss authorities confiscated the ornaments since no one could justify its claims of ownership of the set – comprising a necklace, earrings, armband and finger ring. The costly jewellery contained diamonds weight 63.94 carat and a total sapphires weight of 71.96 carat.
It was purchased from a London-based jeweller Chatila in 1997. At the time of its buying its price was 117,000 pounds.
Benazir disowned the jewellery set during Geneva investigations, her husband Asif Ali Zardari, who was co-accused in the case, also denied later that it belonged to their family.
Since the case was instituted in Swiss courts, the Pakistan Peoples Party (PPP) claimed that it was a part of the smear campaign launched by the then government of Nawaz Sharif.
However, the outcome of this once highly publicised high-profile case is a testimony of haphazard attitude of successive regimes in the country towards this particular case, and desultory approach of the authorities in pursuing all other graft cases inside Pakistan. Hardly any of such cases resulted in any tangible accountability against perceived rampant corrupt practices.
Francois Roger Micheli of Python & Peter, the law firm which Pakistan had engaged to plead its case in the Swiss courts, reminded the Pakistan government through a letter he wrote to the ministry of law that Geneva Prosecutor has informed him that Swiss authorities were set to auction the confiscated asset.
After this planned auction, they will share only part of proceeds with Pakistan and the rest will go to Swiss exchequer. In addition to their share, the Swiss authorities will also deduct the confiscation costs.
The lawyer advised the government that it may request Swiss authorities to repatriate the jewellery set by invoking Article 74a of the Swiss Federal Statute on mutual legal assistance that stipulates remittance of confiscated assets to the requesting state.
The attorney unequivocally conveyed to the Pakistani authorities that the said clause can help only if Pakistan can provide solid proofs that investigations against the accused is pending in Pakistan with aim to convict the offenders. The government was asked to attach all the necessary documents to substantiate such a claim.
In a reminder on February 25, Micheli drew the attention of Pakistan about exigency of the matter. In his letter, a copy of which is available with The Express Tribune, he exhorted the Pakistan government to put forward its case immediately otherwise Swiss authorities will be left with no option but to auction the asset.
Published in The Express Tribune, April 14th, 2015.
In what appears to be an egregiously futile end to Pakistan’s high-profile graft case in the Swiss courts against former prime minister Benazir Bhutto and her legal heirs, the government has asked the Swiss authorities to repatriate the expensive jewellery set to Pakistan instead of putting it under the hammer.
The government pursued the case of the jewellery set, allegedly belonging to assassinated former two-time premier Benazir in the Swiss courts, for almost two decades costing tens of thousands of dollars.
The case reached a dead-end last year, when Swiss authorities confiscated the ornaments since no one could justify its claims of ownership of the set – comprising a necklace, earrings, armband and finger ring. The costly jewellery contained diamonds weight 63.94 carat and a total sapphires weight of 71.96 carat.
It was purchased from a London-based jeweller Chatila in 1997. At the time of its buying its price was 117,000 pounds.
Benazir disowned the jewellery set during Geneva investigations, her husband Asif Ali Zardari, who was co-accused in the case, also denied later that it belonged to their family.
Since the case was instituted in Swiss courts, the Pakistan Peoples Party (PPP) claimed that it was a part of the smear campaign launched by the then government of Nawaz Sharif.
However, the outcome of this once highly publicised high-profile case is a testimony of haphazard attitude of successive regimes in the country towards this particular case, and desultory approach of the authorities in pursuing all other graft cases inside Pakistan. Hardly any of such cases resulted in any tangible accountability against perceived rampant corrupt practices.
Francois Roger Micheli of Python & Peter, the law firm which Pakistan had engaged to plead its case in the Swiss courts, reminded the Pakistan government through a letter he wrote to the ministry of law that Geneva Prosecutor has informed him that Swiss authorities were set to auction the confiscated asset.
After this planned auction, they will share only part of proceeds with Pakistan and the rest will go to Swiss exchequer. In addition to their share, the Swiss authorities will also deduct the confiscation costs.
The lawyer advised the government that it may request Swiss authorities to repatriate the jewellery set by invoking Article 74a of the Swiss Federal Statute on mutual legal assistance that stipulates remittance of confiscated assets to the requesting state.
The attorney unequivocally conveyed to the Pakistani authorities that the said clause can help only if Pakistan can provide solid proofs that investigations against the accused is pending in Pakistan with aim to convict the offenders. The government was asked to attach all the necessary documents to substantiate such a claim.
In a reminder on February 25, Micheli drew the attention of Pakistan about exigency of the matter. In his letter, a copy of which is available with The Express Tribune, he exhorted the Pakistan government to put forward its case immediately otherwise Swiss authorities will be left with no option but to auction the asset.
Published in The Express Tribune, April 14th, 2015.