A weblog for students engaged in doctoral research in the field of human rights. It agrees with the findings by the Swiss Courts that the records of interviews and the accused’s correspondence had beendiscussed in the public sphere, before the conclusion of the investigation, just before the trial and out of context, in a manner liable to influence the decisions taken by the investigating judge and the trial court” (§ 71). It emerged from the investigation that 1 of the parties claiming damages in the proceedings against M.B. had photocopied the case file and lost a single of the copies in a purchasing centre.
It would be surprising for relevant disclosure to be refused to a victim state pursuing a claim to recover corrupt assets, unless there was a danger of prejudice to a criminal investigation or prosecution, in which case the application for disclosure is unlikely to be created. Starred motion A motion in the Court of Session for which look is required by or for a party to the proceedings.
It is likely in situations of grand corruption and situations exactly where there is minimal or no threat of a criminal prosecution becoming prejudiced the public interest in enabling collateral usage need to be satisfied. Material seized or obtained by the police by way of compulsory powers need to not be disclosed to a third celebration unless the owner has consented to the disclosure or the applicant has obtained a witness summons or other court order requiring disclosure. … Read the rest >>>