Criminal Complaint „Angolagate“: No Re-opening of Proceedings
Bern, 04.02.2014 - The Office of the Attorney General of Switzerland has examined a criminal complaint filed by Angolan citizens and the British NGO Corruption Watch regarding the „Angolagate“ case and, having completed their preliminary investigations, ruled that no further action in respect of the complaint shall be taken. The events surrounding the repayment to Russia of Angolan government debts, dating back to Soviet times, shall therefore not result in further criminal investigations in Switzerland.
„Angolagate" dates back to the end of the ‘90s and concerns contracts between Russia and Angola, whereby Angola was supposed to pay off its debts to Russia through the selling of crude oil. The link to Switzerland stems from the fact that money transfers in connection with these business transactions were conducted through Swiss bank accounts. For the last few years already, the Geneva judicial authorities have been dealing with the "Angolagate" case. The investigations conducted in the Canton of Geneva resulted in the cessation of proceedings in the years 2004 and 2010, respectively. Subsequently, on the basis of the Geneva proceedings, Switzerland signed agreements with Angola on the repatriation of Angolan assets worth 21 million US Dollars and approximately 43 million US Dollars, respectively. It was agreed that these monies must be used for humanitarian purposes for the benefit of the people of Angola.
The criminal complaint of 15th April 2013 was based on a newly published report about the Angolan-Russian debt agreement called "The Corrupt Angolan-Russian Debt Deal", from which the complainants drew new information, which, at the time of the proceedings in the Canton of Geneva, was not yet known. According to the complainants, this new information would justify a re-opening of proceedings against the group of individuals who were involved in this deal - namely Angolan officials, owners of an intermediary company and Swiss bank employees - and conducting investigations into allegations of corruption. The complainants cited principally the change of mind of a privately appointed expert who had originally concluded that the deal was to the benefit of both countries, and whose expert report was supposedly a key element for the ruling of cessation of proceedings by Geneva. The complainants believe that with today's knowledge (further background information on the deal) he would reach a different conclusion in the matter.
The Swiss Federal Prosecution Authorities do not share this belief, and cannot find any contradictions between the expert's recent pronunciations and his earlier analysis of the Angolan-Russian debt deal. Furthermore, already in 2003, without having been in the possession of said expert report, the Geneva prosecution authorities did not find any criminally relevant activities. At the same time, the Swiss Federal Prosecution Authorities do not attach the same weight to a privately commissioned expert report as to a judicial expert report, and therefore the evidential value of the former must be put into perspective. The Swiss Federal Prosecution Authorities are of the opinion that the complaint does not contain any new information that would justify a re-opening of proceedings. Furthermore, if a re-opening of proceedings were possible, there is doubt, taking into consideration the complexity of the case, that it could be concluded within a short period of time, (keeping in mind that the absolute statute of limitations comes into effect in July 2015), and that a ruling by the court of first instance could be achieved. Besides, "bribery of foreign officials" was only anchored into Swiss law as a criminal offence on 1st May 2000, and only since then can it be prosecuted. Any possible investigations into the „Angolagate" case would therefore have encompassed a period of just three months (May to July 2000). Therefore, the Swiss Prosecution Authorities shall not instigate an investigation, and have issued a ruling of non-consideration of the complaint.
Address for enquiries
Jeannette Balmer, Spokeswoman OAG, +41 31 324 32 40, info@ba.admin.ch
Publisher
Office of the Attorney General of Switzerland
http://www.ba.admin.ch/
