Facts
On August 12, 2009, the investigating judge at the Tribunal de Grande Instance of Nancy sent a letter of request to Switzerland in the context of a criminal proceeding against [A.] for drug trafficking. The French magistrate had ordered the release of [A.] on bail of 1.5 million euros, but [A.] had requested a reduction of this amount, explaining that his assets in Switzerland were limited to 1.8 million euros, pledged in favor of a bank. The French judge wished to verify these statements and find out if [A.] held any other accounts in Switzerland or other countries.
By a closing order dated October 9, 2009, the investigating judge of the canton of Geneva ordered the transmission to the requesting authority of a list of the bank accounts of which [A.] could be the holder or the economic beneficiary. This decision was appealed by [A.] and company B. to the Court of Complaints of the Federal Criminal Court.
Considerations
The Federal Tribunal upheld the appeal of the Federal Office of Justice and confirmed the closing decision of the investigating judge. It considered that the procedure relating to pre-trial detention should be considered as a criminal and judicial matter allowing the granting of mutual assistance within the meaning of Art. 63 IMAC.
The Federal Tribunal also ruled that the question of the…