Does this move mean Switzerland can no longer block release of Marcos millions?

Just in case many of us here missed the significance of the Swiss government "defrosting" the frozen assets in a Swiss bank of former Energy Minister Geronimo Z. Velasco, who once rode high, wide and handsome during the Marcos dictatorship, the move upheld by the Higher Court of Zurich means that "Switzerland no longer has a legal right to block the Marcos monies".

This is a direct quote from a respected Zurich newspaper, Weltwoche (Worldweek), headlined "Travesty of Justice: Gold Blessing for Dictators".

In the original Schwyzerdeutsh or Swiss German, the report by Daniel Ammann was entitled, "Justizskandal: Geldsegen für Diktatoren".

The subhead of the article points out: "Now the millions have to be returned. Not an isolated case".

Did the journalist say millions? If the inquiry is pursued to its logical conclusion, the alleged amount stashed away by the Marcos regime and the late Apo’s cohorts may amount to billions in cash, certificates, and gold bullion. What bothers me is the question: Does the Zurich court ruling now mean that members of the Marcos clan and their friends can have access to those funds and assets, and withdraw them without being blocked by the Swiss authorities? This is disquieting.

Before we read too much into the case mentioned above, let’s proceed with a translation of the original story written by Herr Ammann.

The writer said: "Very quietly, the district attorney’s office of Zurich reached a decision which has significant political and judicial implications: the D.A.’s office freed $17 million deposited in three accounts allegedly owned by Marcos cronies. The Weltwoche reporter was told by District Attorney Dieter Jann: ‘We did not have any legal right to withhold these monies any longer.’ The Higher Court of Zurich upheld this decision on June 14."

It reads like one of those old detective thrillers or dime novels, really.

Weltwoche observed that "the owners of these accounts — to be safe is safe — immediately emptied these accounts with the private bank Union Beaucaire Privée in Zurich. The beneficiaries are the former Philippine Minister of Energy Geronimo Velasco, his nephew and his secretary. According to information available to the Weltwoche, the amount in the Velasco account was $15,519,972 (per December 31, 2001). In order to disguise the real ownership, the account was opened through a foundation in Liechtenstein in the name of ‘Andrews Foundation.’ And just like in Hollywood movies, the Minister communicated with the bank in code: ‘Necktie’ or in German, Kravatte. (‘Nono’ was the name of the account of his nephew with $921,534; ‘Kalepa’ the account of his secretary with $555,544.) These accounts had been frozen for 16 years. On March 24, 1986, one month after Ferdinand and Imelda Marcos were chased out of Manila the Swiss Federal Council, in a revolutionary decision, made the precautionary move to block all Marcos accounts. For the first time the Swiss government made it clear that Switzerland no longer wanted to be branded as a haven for corrupt monies."

* * *

After a further subhead which read: "The Period for an Appeal has been left to lapse", the article lamented: "And yet, in all these years, the Philippine Government has not been able to reach an enforceable verdict, neither against Imelda Marcos or any of the cronies of Marcos who died in exile in 1989. ‘The legal proceedings in the Philippines have not been sufficiently pushed for a long time. And now we simply have no basis any more to extend legal assistance. It would have been against the law to continue blocking the accounts,’ said District Attorney Jann."

The Swiss weekly alleged that "there are few doubts that the accounts of Velasco were fed to a large extent through corruption." Sus, Herr Daniel, perhaps Ronnie won the Sweepstakes, the Lotto or Totocalcio in Italy, the Chemin de Fer in Monaco, or the high roller poker stakes in Vegas, not by counting barrels on the oil supply highway?

"In the appeal for legal assistance by the Philippine Government, mention was made of a ‘System of Corruption’ which had been organized by the Marcos Regime. Government officials regularly cashed in bribe monies, companies owned by them were given preference in the award of public tenders, benefiting and enriching themselves from Government funds."

Journalist Amnann averred, on the other hand, that "the Government in Manila... does not seem to be overly concerned that the ex-Minister now can again get hold of his millions stashed away in Zurich; it even let the period for an appeal set by Jann lapse unopposed. For the same reason, it was learnt only now, the District Attorney was forced to unfreeze two accounts of Marcos cronies with over $13 million."

What’s interesting is the observation by Weltwoche that "the current events could have implications for the $670 million which are held frozen in three accounts in Manila. These monies, mostly assets of the couple Ferdinand and Imelda Marcos, were transferred from Switzerland to Manila in 1998. If the Philippines cannot or do not want to produce legally valid proof soon that these monies were acquired illegally, they will have to be returned to the Marcos family."

"What irony!" the author sarcastically exclaims. "Switzerland which has been branded a greedy haven for capital flight for years, regularly freezes assets belonging to corrupt dictators – such as the one billion Francs belonging to the Nigerian Dictator Sani Abacha. And now when it wants to return these monies to the plundered countries, its hands are tied because the governments concerned have difficulties abiding by legally correct principles."

"For this reason, the Federal Council has somehow managed to withhold 7.5 million Francs belonging to the former Haitian Dictator Jean-Claude Duvalier. This case is also 16 years old and a legally correct and enforceable decision as required by the Federal Council is nowhere in sight. In the absence of relevant legislation by the Governments concerned, the Federal Government refers to Article 184, paragraph 3 of the Swiss Constitution where it states: When the protection of the interests of the country so requires, the Federal Council can pass dispositions and decrees."

As for our country, the Swiss writer averred that "within one year, the Philippines . . . forfeited $30 million from monies blocked in Switzerland. A lot of money which could have been put to good use in a poor country! Observers are, however, not surprised that the Government has shown little enthusiasm to go after these monies (since) ‘those in power who were active under Marcos are again as powerful as they were then’, said an influential lawyer in Manila."

Oh, well. He’s right, of course.

But how typically Swiss of Herr (perhaps Herr Doktor?) Daniel Ammann. In medieval times, the Swiss were among the most formidable pikemen and infantrymen in Europe, selling their skill at arms and their services to the highest bidder. Sometimes they would begin a war on one side, then end it fighting for the opposite side. They were the most fearsome mercenaries of all!

The Holy Father in the Vatican in Rome is still defended by his battalion of Swiss Guards, whose ancestors were recruited in the 16th century and who still wear the colorful uniforms designed by Michelangelo.

They are still, as tradition dictates, being culled from Switzerland’s four predominantly Catholic cantons. Each must be between 19 and 25, at least 1.75 meters tall, and unmarried during his tour of duty. Michelangelo had chosen to garb them in the colors of the Medici Popes, i.e. red, yellow, and blue. On the other hand, they also sport modern military dress on less ceremonial occasions; but there’s a problem. The Holy Father is running out of Swiss recruits. I guess young fellows nowadays prefer to be Swiss bankers, Swiss watchmakers, Swiss chocolate-makers, Swiss cheese-makers, Swiss Alpine climbers, or skiers, or Swiss playboys, or just yodel their way through life.

Why, Switzerland has recently even decided to at last join the United Nations – having made a fortune for decades by renting the UN headquarters space in Geneva!

But let’s face it. Swiss banking is still the most lucrative source of income for the Swiss. Stashed away in very big and also very little banks all over the Confederation of Helvetia (CH on your car plates) are the hidden wealth of thousands of tyrants, looters, swindlers and con-men from all over the world.

For the foreseeable future, although the relentless Jewish survivors of the Holocaust and their allies have seriously breached the solid wall of secrecy and, er, "discretion" which once kept sacrosanct the master-locks of those impenetrable vaults and the inscrutability of those numbered bank accounts, Switzerland will remain, as Ammann himself wryly asked in one of his subheads, "a Paradise for Capital Flight" (his words).

For otherwise, despite the picture-postcard prettiness of its valleys, meadows and mountains, Switzerland would be poor. Indeed, it’s still true that the Swiss are a very honest people, living on the largesse of the dishonesty of the rest of mankind.