Facts
The [X.] Ltd. with its seat in Nassau (Bahamas) held an account at the Bank [D.] (Switzerland) in Zurich, into which funds from accounts attributable to Vladimiro Montesinos Torres had been transferred in October 2000. The Peruvian authorities requested legal assistance regarding this account, as Montesinos was being investigated for unjustified enrichment, passive bribery, and other offenses. The District Prosecutor's Office IV of the Canton of Zurich ordered the surrender of documents and the freezing of the account. The [X.] Ltd. filed a complaint against this decision with the High Court of the Canton of Zurich, which dismissed the complaint. Subsequently, the [X.] Ltd. filed an administrative appeal with the Federal Court.
The [X.] Ltd. claimed that the account belonged to it and not to Montesinos, and that the legal assistance should therefore not be granted. It also argued that the Peruvian authorities had not sufficiently presented the facts and that the legal assistance would violate the principle of specialty.
Considerations
The Federal Court examined the appeal and came to the conclusion that the conditions for legal assistance were met. It found that the account was involved in the investigated matter and that the Peruvian authorities had sufficiently presented the facts. The court also rejected the argument of the [X.] Ltd. that the legal assistance would violate the principle of specialty, as the Peruvian authorities had not used the received information in an…