Facts
The Federal Court is dealing with an administrative court appeal against the decision of the Criminal Court of Basel-City, Appeals Chamber, regarding the mutual legal assistance-based surrender of seized art and cultural objects to the Italian authorities.
The appellant, [A.X.] , is charged in Italy with illegal cultural property transfers, fencing, failure to report archaeological finds, and membership in a criminal organization. The Italian authorities requested Switzerland for international mutual legal assistance, whereupon the Public Prosecutor's Office of Basel-City ordered house searches and seizures. By final decree of 22 February 2006, the Public Prosecutor's Office approved the mutual legal assistance-based surrender of various seized art and cultural objects as well as other documents to the Italian authorities.
Considerations
The Federal Court states that mutual legal assistance between Switzerland and Italy is primarily governed by the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 (EUeR). To the extent that this agreement does not conclusively regulate certain issues, the Swiss Federal Act on International Mutual Assistance in Criminal Matters (IMAC) applies.
The Federal Court examines whether the requirements for mutual legal assistance are met. It finds that the suspicion of an offence against the appellant is sufficiently substantiated and the requirement of dual criminality is fulfilled. The evidentiary relevance of the objects to be surrendered is also affirmed.
However, the Federal Court criticizes that the operative part of the final decree does not clearly indicate whether the surrender is only…