Facts
In this case, the Dutch criminal authorities conducted an investigation against two persons for drug trafficking and money laundering. Within the framework of the mutual legal assistance request to Switzerland, the Swiss Federal Prosecutor's Office ordered the seizure of the account of the [X.] Foundation. The foundation then filed an administrative court appeal against the account freeze.
The Federal Supreme Court took up the appeal, as it recognized an immediate and irreparable disadvantage for the foundation. Without the release of the necessary funds to cover the administrative and legal representation costs, the foundation would be incapable of acting, as its bodies and legal representation would have to cease their activities.
Considerations
The Federal Supreme Court stated that legal entities do not generally have a claim to free legal aid, but the funds necessary to safeguard their interests must be released. Otherwise, their right of access to the court and the right to be heard would not be guaranteed.
However, the Federal Supreme Court ordered that the release of the funds can only take place once the beneficial owner, Ms. [Z.] , credibly…