Final extension to the freeze on the Mobutu assets
Bern, 12.12.2008 - In an attempt not to exclude any possibility of finding a satisfactory solution to this issue, the Federal Council has decided to extend for one last time the freeze on the assets of the late President Mobutu until 28 February 2009. Following an exchange of letters between the Federal Department of Foreign Affairs (FDFA) and the authorities of the Democratic Republic of Congo, a possible solution concerning the assets of the late President Mobutu and his entourage (approx. CHF 7.7 million) has emerged. In a letter date 9 December 2008 addressed to Federal Councillors Widmer-Schlumpf and Calmy-Rey, the Prime Minister of Congo affirmed the wish of the DRC to recuperate the assets. To achieve this, the DRC has mandated a Swiss lawyer to pursue the necessary procedures in the coming weeks.
The freezing of President Mobutu’s assets dates back to 1997 when the Democratic Republic of Congo (DRC) presented a request for judicial assistance in criminal matters to Switzerland. In the end, the Federal Office of Justice had no option but to give a negative decision to the request in December 2003. The Federal Council then decreed a freeze on the assets on the basis of article 184 para. 3 of the Federal Constitution. The freeze, which was renewed in 2006, will expire on 15 December 2008. During this period, the Federal Council mandated the FDFA as facilitator to assist the parties, in an effort to find the most satisfactory outcome possible.
In view of the difficulties encountered in the matter, the head of the FDFA addressed a letter on 13 November 2008 to President Kabila proposing to engage the services of a Swiss lawyer specialised in recovering such assets. In a response dated 9 December 2008 that the Congolese authorities addressed to Federal Councillors Widmer-Schlumpf and Calmy-Rey, the Prime Minister of Congo affirmed the wish of the DRC to recuperate these assets. The FDFA (SDC) will cover the costs of the court procedures and legal fees.
In order not to exclude any possibility of the restitution of the assets of the late President Mobutu to the Congolese people in a transparent manner, the Federal Council has decided to extend for one last time the freeze on the Mobutu assets until 28 February 2009. This prolongation will allow the lawyer representing the DRC to initiate the necessary procedures to obtain the freezing or confiscation of the assets insofar as this is possible.
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