Dated 6th June 2005
To,
1. His Excellency President of India Shri APJ Kalam,
2. Hon’ble Prime Minister of India Shri Man Mohan Singh Ji;
3. Hon’ble Minister for Foreign Affairs
Shri Natwar Singh Ji;
Subject : Who is responsible for trying to Protect Corrupt in Bofors Bribery case.
His Excellencies Sirs,
This is with reference to my Representation
dated 29th April, 5th May, 9th May, 12th May, 18th May, 28th
May, 30th May, and last one dated 2nd June 2005, addressed hereto or copies thereto, and all are posted at: https://milapchoraria.tripod.com/swiss, with notice that in case my demands are not conceded by the Swiss Government I will sit for Fast
Unto Death at outside Swiss embassy. I received responses from the Swiss Embassy against my three representations.
Till the judgment is pronounced on the application made by Hinduja Brothers to discharge them from the Bofors bribery case,
in view of the Swiss Embassy’s response, I was under impression, that under its declared Policy, Swiss Government must
have supplied necessary documents related to Bofors bribery Case to Indian Investigating Agency.
I was prompted to write this letter when I could not understood the reason for enthusiasm expressed by the National
Congress Party after judgment discharging Hinduja Brothers. Hinduja Brothers never known as Congress Leaders, nor their discharge
from the said Bribery case can be considered in any way related to Congress Party or a matter of good governance on the part
of the Government of India, as I explained below.
As per reports roaming amongst the people, a file is exists with the Central Vigilance Commission
(CVC), which came to the knowledge of the then Commissioner of the CVC Mr. N. Vittal. According to such roaming reports India’s
large-scale Black money between Rs.16 Lakhs Crores and Rs. 50 Lakhs Crores, were deposited by the corrupt Politicians, Bureaucrats
and unscrupulous Businessmen in Swiss Banks and part of it in some other countries, through illegal routes, which now used
in Asset Management at abroad by Financial Sector of such Countries. As per reports, out of 2,500 Billions CHF about 800 Billions
CHF in internationally-invested private wealth by the Swiss Banks are belongs to Indian corrupt politicians, bureaucrats and
unscrupulous businessmen etc. Reportedly, in the file, names of some renowned Politicians of the Country were exists, including
one most powerful politician and his son’s connections having thousands Crores of Rupees is invested in internationally-invested
private wealth by the Swiss Banks, but I cannot prove it until Swiss Government not ready to give details of such transactions.
Once such facts exposed the double face of the said powerful politician will be exposed and his Political Party will suffer
a big jolt in India’s Politics. I referred detailed facts with strong evidences, relating to misuse of the Powers and
abuse of authority by the said Politicians in a Book: Mysteries of Polticd-Crime-Nexus, (416 Pages) and forwarded it to His
Excellency President of India Shri A. P. J. Kalam, Hon’ble Prime Minister of India Dr. Man Mohan Singh, Hon’ble
Chief Justice and Attorney General of India, Head of respective Political Party, Chief Minster and Chief Justice of respective
State. But, under the impact of Political influence of the said Politician every one decided to maintain silence on the issue.
However, President’s Secretariat, as if has just a Role of Post Office, forwarded said Book to Home Ministry. While
Home Ministry in last 15 years proved as a mere silent spectator in the matters referred by me. I must place on record that
Government of India not initiated any diligent action or negotiations to unearth such large-scale Black-money of India, invested
in internationally-invested private wealth by the Swiss Banks. On the other hand Swiss Government in violation of purpose
and object for establishment of UNO as described in U N Charter. Also in violation of its admitted responsibility Swiss Government
adopting double standards with the developed and undeveloped countries, thus not ready to disclose details of corrupt Politicians,
Bureaucrats and unscrupulous Businessmen from developing countries having invested their black money in internationally-invested
private wealth by the Swiss Banks just to protect its own financial sector, which will lost its legs to stand once details
of such illegal money exposed.
I am referring some extracts from the declared policy of the Swiss Government from which this can be easily
established that if diligent efforts could have been made by the Government of India as well as Central Bureau of Investigation,
to obtain such documentary evidence from Switzerland in Bofors bribery Case, Swiss Government was bound to hand over the same:-
“Switzerland is fully aware of its responsibilities as an international financial centre.
In view of the challenges posed by globalisation and technological developments, the reinforcement of multilateral co-operation
is absolutely essential. Switzerland is therefore actively involved in the framing of new international regulations aimed
at securing the sound operation of financial markets, and in particular at combating financial crime. We have also launched
a number of initiatives aimed at enhancing the effectiveness of the international fight against money laundering, financing
of terrorism and corruption.” “Switzerland has absolutely no interest whatsoever in allowing its territory
to be used for such activities”, “its negative impacts on the progress of numerous
developing countries or nations in transition”, and “Switzerland's banking secrecy does not protect terrorists,
nor does it protect criminal organizations or criminal activities of any nature whatsoever.”, “Another
aspect of financial crime that gained in importance over the past few years is corruption. Together with some other countries,
Switzerland has taken a leading role to fight this scourge, for example in the negotiation of the 1999 OECD Convention on
Combating Bribery of Foreign Public Officials in International Business Transactions. Switzerland has pursued its commitment
through its active role in the negotiation of the recently adopted United Nations convention to combat corruption which text
has been signed at a special ceremony in December 2003 in Mérida, Mexico. Well, beyond the adoption of international agreements
and appropriate legislation, the decisive element is the political will to
be tough on crime and to implement the rules thoroughly.” “The Swiss Federal Banking Commission provides comprehensive administrative assistance to foreign supervisory authorities.
In criminal cases Switzerland also provides legal mutual assistance to those states with which no corresponding convention
exists or which are not members of the corresponding European Agreement”.
“Through a balanced assessment of the Swiss
track record, one can draw two lessons. First, Switzerland managed to appropriately balance the imperative necessity to fight
financial crime against the legitimate aspiration of honest citizens to financial privacy. This balance exercise is an on-going
process, reason why Switzerland constantly fine-tuned the legal provisions relating to banking secrecy The second lesson is
that the banking secrecy is entirely compatible with an effective fight against financial crime and terrorism, provided it
is embedded in a coherent framework of anti money laundering rules and it is subdued to an implacable determination of the
authorities to crack down on financial crime. Switzerland understood long ago that a tough stance on crime was a necessary
condition for preserving its traditional individual privacy in financial matters. Our beliefs, convictions and experience
make that our country is fully committed to intensifying international and bilateral cooperation to tackle the common scourge
of economic crime and terrorism financing.”
“Furthermore, it has to be noted that severe cases of corruption
are frequently associated with the problem of illicit funds deposited by leading political figures (e.g. heads of state).
Switzerland is actively involved in the fight against corruption, both at home and in the international arena. We played a
major role in the formulation of the 1999 OECD Convention on Combating Bribery of Foreign Public Officials in International
Business Transactions. The workgroup was chaired by Professor Mark Pieth (University of Basle), while the negotiations group
was presided over by a Swiss diplomat, Ambassador Marino Baldi. Switzerland has already ratified this convention and accordingly
amended its Penal Code, thereby outlawing bribery of foreign public officials in international business transactions. On 26
February 2001, Switzerland also signed the Council of Europe Criminal Law Convention on Corruption which includes clauses
governing the responsibility of legal entities. Finally, Switzerland is pursuing its commitment within the framework of a
future United Nations convention to combat corruption, work on which was initiated in Vienna on 21 January.”
“It is clearly in Switzerland’s interests to prevent assets of dubious origin
from entering the financial centre. Should a head of state or politically exposed person nevertheless succeed in investing
such assets of dubious origin in Switzerland, the necessary steps will be taken by the authorities in cooperation with the
state of origin to block and return the assets in question to the legitimate owners. In this connection, Switzerland actively
supports the states concerned in their efforts to find, block and repatriate illegally acquired assets.”
“In 1999, Parliament approved a variety of
measures aimed at supporting the fight against organised crime, in particular by entrusting the federal government with new
powers (that had previously been held by the cantons) to deal with organised crime and corruption. It also approved additional
funding and staff. And last October, Switzerland participated in an evaluation of its financial sector by the International
Monetary Fund (Financial Sector Assessment Program, FSAP). We are the first country to have extended the scope of application
of this assessment to include its legislation against money laundering, and this clearly underscores our active commitment
to the fight against unlawful use of the global financial system.”
“Limits of banking secrecy: Banking secrecy is flanked by rules to, as much as possible, prevent its abuse. Legitimate
protection of personal rights on the one hand is confronted by public interest on the other and preventing criminal abuse
of all kinds, including customs duty fraud, money laundering, corruption and terrorism. It is for this reason that there are
a series of legally defined limits to banking secrecy. Exemptions are provided for under the Swiss Civil Code, debt collection
and bankruptcy law, criminal law, administrative criminal law and cases of legal mutual assistance in criminal matters. In
such cases, banking secrecy may also be lifted by order of the courts against the wishes of the client. Banking secrecy is
inapplicable under the Swiss Federal Banking Commission (SFBC) supervisory body.”
“International mutual legal assistance
in criminal matters: Thanks to the instrument of international mutual legal assistance in criminal matters states are able
to support each other in the framework of criminal proceedings. Should a judge have to conduct investigations abroad, he submits
a request to the judicial authorities of the country concerned on his behalf. The state to which the request is made provides
legal assistance by undertaking the required official acts on his territory and the transfer of the findings for a specific
criminal proceeding to the requesting state. Mutual assistance in criminal matters consists in particular of interviewing
witnesses and suspects, the seizure and handing over of evidence and procedural documents as well as of objects and assets,
house searches and confiscation, identity parades and the serving of summons, rulings and other court acts.”
“Combating international financial crime: Special features of organised crime are its complex structures and
its international dispersion. Over the course of time, criminal organisations have infiltrated the political, economic and
financial systems of numerous countries. This is how the most diverse financial centres are abused to feed money from illegal
activities into the legal economic system. The core concern is the vast quantities of money mainly from drug trafficking,
people trafficking and arms dealing. Since the attacks which took place on 11 September 2001 in the USA, the fight against
global terrorism and its financing have become a priority. This has led not just to national but also international efforts
being further intensified to more effectively call a halt to money laundering.”
“Right from the start, Switzerland has played
a major role in the struggle against the laundering of money of criminal origin. A first step was taken in 1977 with the introduction
of the obligation by the banking sector to observe clearly defined due diligence standards when accepting funds. This provision
obliges the banks to fully implement the "KYC" (Know Your Client) rules. Subsequently, co-operation was 10 General Agreement
on Trade in Services.”
“In Switzerland
any form of anonymous numbered account is prohibited. The identity of the beneficial owner of a bank account is clearly established.
If required, the supervisory authorities are accorded unhampered access to all necessary information. In the case of a criminal
act (tax fraud, money laundering, etc.), “banking secrecy” is waived, regardless of whether or not the crime was
committed in Switzerland or abroad, and where applicable, legal mutual assistance is granted.”
“Switzerland, of course, does not tolerate
the abuse of its financial system by terrorists for the undertaking of criminal acts; we introduced the necessary measures
many years ago to prevent it from being used to finance terrorist activities. Switzerland co-operates fully in the investigation
of international criminal activities, and Switzerland's banking secrecy does not protect terrorists, nor does it protect criminal
organizations or criminal activities of any kind whatsoever.”
But, in spite of aforesaid declared intention in its Policy, following facts causing serious doubts in respect
of intention of the Swiss Government:-
“Along the Swiss banks, 147 foreign banks operate in Switzerland through either subsidiaries or branches.
Foreign banks have long been welcome in Switzerland and almost all the big names are represented in Switzerland. Among them
some Japanese banks like Mizuho Bank, Nomura Bank, Mitsubishi Tokyo and UFJ Bank. The subsidiaries of foreign banks differ
widely in size and activities, but most of them focus on private banking and asset management. This is the real specialty
of Swiss-based banks which according to certain estimates, manage more than one fourth of all internationally-invested
private wealth.”, “Switzerland's banking system currently comprises
378 institutions with a combined balance sheet total of more than 2,300 billion Swiss francs. Our two biggest banks –
UBS and Credit Suisse - are ranked among the ten largest in the world, and in the area of asset management, Swiss banks are
the world's leaders.”, “A
traditional strength of the Swiss Financial Centre is asset management which created over half of the banks’ total added
value. In this business domain Switzerland occupies a leading global position. Here it is competing with other important financial
centres.” , and “Swiss financial center: Foreign customers accounted for a share of approximately 57%. Of all
assets held, 42.1% came from private clients and 47.5% from institutional investors. Commercial clients accounted for the
remaining 10.4%. As a means of comparison, Swiss foreign assets (active) in 2001 amounted to CHF 2,200 billion with corresponding
net assets of CHF 602 billion.”
From the
aforesaid facts and circumstances, serious question arises that whether any part of the foreign customers accounted for a share of approximately 57%. Of all assets held, 42.1% came from private
clients, is at all from any developed country? Certainly cannot. Therefore, I am sure that such amount is coming from the
developing countries major part of it from India’s corrupt Politicians, Bureaucrats and unscrupulous Businessmen and terrorists etc.
Under the aforesaid facts and circumstances this is ample clear that either Central
Bureau of Investigation withhold from producing necessary documents in the Bofors bribery case to save influential but corrupt
people or failure to obtain necessary documents, by the Government of India or Central Bureau of Investigation cannot be justified,
unless there are some hiding arrangement to protect some powerful or influential people.
Therefore, I humbly submit that Government of India should clarify its positions on
all counts referred above to remove each and every doubts.
With Best Regards,
Yours truly,
(MILAP CHORARIA)
Convenor : Movement for Accountability
to Public (MAP):
http://groups.yahoo.com/group/MAP_INDIA
https://milapchoraria.tripod.com/msp
Columnist : For Several DAILY Newspapers
in India
Life Member of India Chapter of Transparency
International and associated with several other organisations
Author: “A MODEL OF NEW CONSTITUTION FOR INDIA”
and
“MYSTERIES of POLITICS-CRIME-NEXUS”
B-5/52, Sector-7, Rohini, New Delhi-110 085 (INDIA)
Email: Milap_choraria@yahoo.com
Copies to 1. His Excellency President of the Swiss Confederation Mr. Samuel Schmid, Hard Copy of this Letter His Excellency
Swiss Ambassador to India.
2. His Excellency Vice-President
of Swiss Confederation Mr. Moritz Leuenberger
3.
Hon’ble Mr. Joseph Deiss Head of the Swiss Federal Department of Economic Affairs
4. Secretariat-General
FDF Swiss Federal Department of Finance
5. Ms.
Micheline Calmy-Rey, Head Swiss Federal Department of Foreign Affairs
(Through Message Box): http://www.calmy-rey.admin.ch/e/contact/cntrequest.aspx
6. Swiss Political Affairs Division II - Asia / Pacific
7. Swiss Political Affairs Division V - Economic and
Financial Affairs
8. Swiss UN – Coordination
9. Swiss Federal Banking Commission
10. Smt. Sonia Gandhi, President
of Congress Party and Chairperson of UPA; through self
Email ID and also through Smt. Ambika Soni and Shri Anand Sharma,
11. Shri Lal Krishna Advani, Leader
of Opposition in Loksabha;
12. Shri Jaswant Singh Ji, Leader of Opposition in the Rajya Sabha.
13. Shri Prakash Karat, General Secretary, Communist Party of India (Marxist)
14. Home Secretary, Government of India;
15. The Commissioner of Police, Delhi;
16. Chief Vigilance Commissioner, and other Two Commissioners, Central Vigilance
Commission.
17. Director, Central Bureau of Investigation.
18. His Excellency Mr. Kofi A. Annan, Secretary-General
of UNO through Director,
Mr. Sarbuland Khan, Department for Economic and Social Affairs
19. His Excellency President of European Union Mr. José
Manuel Barroso
20. The Spokesperson of The President of European Union
Mr. José Manuel Barroso
21. Secretariat-General European Union
22. Commissioner for Economic and Monetary Affairs,
European Union Joaquín Almunia
23. Commissioner for Employment, Social Affairs and
Equal Opportunities, European Union Mr. Vladimír Špidla
24. His Excellency Mr. Paul Wolfowitz, President of
the World Bank,
25. Board of Directors IMF, through IMF Centre,
26. His Excellency Swiss Ambassador to India,
27. Shri Ram Jethmalani. M. P.,
28. Hinduja Brothers,
29. Mr. Magnus Ingesson, President Bofors Company,
30. Hon’ble Chief Justice of
India, through Registrar-General of Supreme Court of India, by Regd. Post.
