Bern, 04.02.2019 – Switzerland and Indonesia aim to work more closely together in combating international crime. On 4 February 2019 justice minister Karin Keller-Sutter and the Indonesian Minister of Law and Human Rights, Yasonna Laoly, signed a bilateral agreement on mutual assistance in criminal matters in Bern. The Federal Council approved the agreement on 14 September 2018.
The bilateral agreement on mutual legal assistance creates a basis in international law upon which justice authorities in the two countries can cooperate on detecting and prosecuting criminal activities, in particular crimes such as corruption and money laundering.
The mutual assistance agreement with Indonesia is based to a large extent on the European Convention on Mutual Assistance in Criminal Matters and on the Federal Act on International Mutual Assistance in Criminal Matters. It simplifies and accelerates mutual legal assistance procedures, in particular by reducing formal requirements (e.g. waiving of need for authentication) and setting out in detail the requirements for mutual assistance requests. It also designates central authorities in each country responsible for dealing with such requests. The treaty expressly refers to human rights: if violations of human rights are suspected, Switzerland may refuse to give legal assistance.
The agreement will come into force as soon as each country’s domestic legal requirements have been met. In Switzerland, Parliament must approve the agreement. Once it has done so, the agreement will be open to an optional referendum, as is usual in the case of international agreements.
The Federal Council is pursuing a policy of extending its network of international agreements on mutual legal assistance in order to increase security within Switzerland and to ensure the integrity of the country as a financial centre. The agreement signed with Indonesia forms part of this policy.
This Phase 4 Report on Switzerland by the OECD Working Group on Bribery evaluates and makes
recommendations on Switzerland’s implementation of the OECD Convention on Combating Bribery of
Foreign Public Officials in International Business Transactions and the 2009 Recommendation of the
Council for Further Combating Bribery of Foreign Public Officials in International Business
Transactions. It was adopted by the OECD Working Group on Bribery on 15 March 2018.
The report is part of the OECD Working Group on Bribery’s fourth phase of monitoring, launched in
2016. Phase 4 looks at the evaluated country’s particular challenges and positive achievements. It also
explores issues such as detection, enforcement, corporate liability, and international cooperation, as
well as covering unresolved issues from prior reports.