Facts
The appellant, a Brazilian citizen, criticizes the Federal Administrative Court for having considered as lawful the spontaneous transmission by the Swiss Public Prosecutor's Office of information concerning him to the Brazilian authorities in the context of a criminal investigation. The appellant argues that this transmission engaged the liability of the Confederation, as it would have violated the principles of double criminality and specialty. The facts show that the Public Prosecutor's Office spontaneously transmitted to the Brazilian authorities information on the existence of bank accounts held by persons suspected of corruption and money laundering, including the appellant as the holder of a power of attorney. This transmission took place before Brazil formulated a request for mutual legal assistance to Switzerland.Considerations
The Federal Tribunal dismisses the appeal to the extent that it is admissible. It considers that the spontaneous transmission of information pertaining to the domain of secrecy, as regulated by Art. 67a IMAC, does not fall under the principle of double criminality. However, this type of transmission is subject to an adapted form of the principle of specialty, which aims to ensure that the information transmitted spontaneously can only be used by the foreign State to submit a request for mutual legal assistance to Switzerland, and not to conduct criminal proceedings, particularly in the tax field, which…