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Swiss try to confiscate ‘Baby Doc’ millions

The Swiss finance ministry announced Monday that it had taken legal action to secure the confiscation of Haiti ex-dictator Jean-Claude Duvalier's frozen Swiss millions after a 25-year court battle.

Published: 2 May 2011 17:04 CEST

The ministry filed a motion for confiscation with one of Switzerland’s top courts last Friday with the aim of returning about 5.8 million Swiss francs ($6.7 million) held in a Swiss bank to the impoverished Caribbean island.

It followed the green light given by the government on February 2 after a new law easing the restitution of stolen foreign assets to home countries came into force.

“On April 29, 2011, the federal finance ministry filed a motion for confiscation of Duvalier assets blocked in Switzerland with the Federal Administrative Tribunal,” the ministry said in a statement on Monday.

“If the motion for confiscation is admitted, Switzerland will return the Duvalier assets to Haiti,” in line with the new law, it added.

Switzerland had announced the first stage of return process, a fresh one-year block, three months ago.

“Baby Doc” Duvalier and his followers are accused of plundering hundreds of millions of dollars of state funds during their 15-year reign.

But traces of the assets have evaporated around the world over the decades, leaving the money repeatedly frozen by authorities in a Swiss bank in a tit-for-tat court battle with the holders since “Baby Doc” was toppled in 1986.

The Swiss accounts are held by the opaque Liechtenstein-based Brouilly foundation, which is tied to the Duvalier family, according to authorities. Haiti’s former strongman has denied that he owns the money.

Duvalier, who was accused of torture and murder during his presidential rule, returned from exile to Haiti in January this year, where he faces charges of corruption, theft and misappropriation of funds.

Swiss officials have said they want the money to be used for projects to tackle poverty.

Haiti’s president-elect, Michel Martelly, was quoted as saying in a newspaper interview last month that he was considering an amnesty for former leaders Jean-Bertrand Aristide and Duvalier to promote reconciliation.

Can I get financial help in Switzerland if I'm struggling to pay the bills?

Say you are a foreign resident in Switzerland and find yourself short of funds, and are unable to pay your monthly bills.

Can you count on your canton’s public coffers to help you out?

Much depends on your status in the country.

If you have a residency permit, have been working in Switzerland and contributing to the social security scheme, then you can receive financial assistance, in form of subsidies, from your local authority.

This is how it works

For instance, if the obligatory health insurance premiums exceed 8 percent of the household income, then you are eligible to receive this help.

However, your canton of residence will look not only at your earnings, but at any other financial assets you hold as well.

So if your income is low but you have plenty of money in the bank in the form of savings or other investments, you will not qualify.

Generally speaking, any resident who is a low earner or has a large number of children — regardless of nationality — could be eligible for subsidised premiums, though criteria, as well as amounts, vary from one canton to another.

READ ALSO : How do I apply for healthcare benefits in Switzerland?

What about housing?

Low-earners (again, regardless of nationality) are entitled to have their rents subsidised, under certain circumstances — the conditions as well as the income threshold is determined by cantonal authorities.

Generally speaking, in order to claim this help, you must prove that you live in the cheapest available housing in your area. (Needless to say, if you reside in a luxury apartment, you can’t ask for rent subsidy.)

If you don’t fulfill this particular condition, you will be told to move to cheaper accommodations before claiming any benefits.

Exceptions to this rule include situations such as a large number of minor children living in the household, which may make relocation — that is, finding a sizeable apartment at a cheaper price — unrealistic.

The amount of rent reduction will be set by the authorities.

Is any other help available?

If you can’t afford anything in Switzerland which, admittedly, is an extreme and rare situation for anyone working full-time and already receiving either health insurance or housing subsidy (or both), then your only other option is applying for welfare.

This, however, should be the absolute last resort if you want to remain in Switzerland and eventually apply for naturalisation, or even have your work permit renewed.

That’s because being on public assistance is grounds for refusal of citizenship — unless all the money is repaid in full in advance of your application.

READ ALSO: Can I still get Swiss citizenship after claiming social benefits?

What about disabilities?

This falls under the general social security scheme, so if you are working in Switzerland, then you are eligible to receive these benefits.

The only exception may be people from outside the EU /EFTA — unless your country of origin has concluded a social security agreement with Switzerland.

This link provides additional information about these countries.

If you qualify for disability (and medical records confirm this), you can apply for these benefits at the social security office of your canton.

There are some other things you should keep in mind as well:

Not all foreigners who have a residency permit can apply for financial assistance.

If you came to Switzerland on a temporary permit (L or B), then you don’t have access to any benefits.

And if you ‘bought’ your Swiss residency, you can’t resort to any public help either.

The condition of your stay in Switzerland is that you should be self-sufficient enough to live here without having to work or resort to welfare benefits.

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