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Swiss High Court Rejects Marcos’ Bank Secrecy Plea

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From Reuters

This country’s highest court voted unanimously Wednesday to reject attempts by ousted Philippine President Ferdinand E. Marcos to keep secret the details of his bank accounts here.

The senior judge on the five-member Federal Tribunal, Jean-Francois Egli, announced the decision to a packed public courtroom after two hours of deliberations.

The Philippine government of President Corazon Aquino has vowed to recover an estimated $1 billion that it charges Marcos amassed through corruption and fraud during 20 years of rule and stashed away in Swiss accounts.

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Wednesday’s decision clears the way for six banks in three Swiss cantons, or provinces, to lift their strict secrecy laws and assemble the documents sought by the Philippine authorities.

The Swiss government ordered the accounts blocked in March, 1986, a month after Marcos fled the Philippines in the face of a popular uprising. He lives with his wife, Imelda, in Hawaii.

Joined in Appeals

Marcos was joined in his appeals by Imelda, daughters Imee, Irene and Fernanda, two sons-in-law and two associates, Roberto Benedicto and Ignacio Gimenez.

None of the Marcos family or friends bringing the suit was in court Wednesday. Switzerland declared them persona non grata last November.

A lawyer for the Philippine government, Guy Fontanet, told reporters: “We are delighted. The principle of judicial assistance in this case has been established.”

Lawyers for Marcos and his family are likely to challenge the Swiss government decision to cooperate with the Philippines at each step involved in handing over the bank documents, legal sources said.

Hailed by Manila Aide

Philippine Finance Minister Jaime Ongpin said of the ruling: “It’s wonderful news. I hope that we will be able to proceed quickly and expedite the recovery of the funds.”

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Ongpin, in Geneva on a business trip, said he hopes the ruling will clear the way for a special Philippine commission to file criminal charges against Marcos before a July 24 deadline.

One Marcos lawyer noted that the Swiss tribunal acknowledged that no criminal charges have been brought against Marcos in the Philippines.

This was a key requirement in a 1983 law covering conditions under which banking secrecy may be lifted.

Marcos’ lawyers made clear they will concentrate on this aspect of the law in any further appeals as the documents move from local to federal authorities and then to the Philippines.

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