Facts
Based on an arrest warrant issued by the Munich District Court on May 15, 1998, Interpol Wiesbaden/D requested the arrest of the German national [R.] for the purpose of extradition in a telex dated June 22, 1998. After [R.] was arrested in San Nazzaro/TI on September 7, 1998, the Federal Office for Police Matters issued an extradition arrest warrant against [R.] on September 10, 1998.
On November 11, 1998, the Federal Office for Police Matters ordered the seizure of all assets in the defendant's apartment or safe deposit box up to an amount of CHF 10,000, as well as the seizure of all documents and records that could serve as evidence in the foreign proceedings. [R.] subsequently filed a complaint against this order.
Considerations
The Federal Supreme Court stated that the seizure under Art. 47 para. 3 of the Federal Act on International Mutual Assistance in Criminal Matters (IMAC) is a provisional procedural measure for the preservation of evidence or the securing of unlawful gains from the criminal act. It must therefore be limited to those objects and assets that can serve as evidence or originate from the criminal act.
The Federal Office for Police Matters can issue a single valid seizure order, even if some of the objects to be seized are not likely to be extradited…