Facts
The proceedings concern a request for mutual assistance from the Philippines to Switzerland in a criminal case against [B.] , who is accused of having unlawfully appropriated assets as a member of the board of directors of the Philippine Coconut Authority. The Swiss authorities ordered the freezing of accounts belonging to [B.] and his wife [C.] , as well as the surrender of account documents. The applicants, [C.] and the [A.] Foundation, request the lifting of the account freezes and the discontinuation of the mutual assistance proceedings due to absolute prescription.
The Philippines requested mutual assistance from Switzerland in 1986. The Swiss authorities ordered the freezing of the accounts and the surrender of account documents. The applicants appealed against the final decision of the District Prosecutor's Office and the High Court of the Canton of Zurich, which was dismissed.
Considerations
The Federal Court examines the lawfulness of the request for mutual assistance and the maintenance of the account freezes. It finds that the request for mutual assistance complies with the requirements of the IMAC and that the Philippine authorities are pursuing the criminal prosecution with the necessary speed.
The Court decides that the maintenance of the account freezes despite possible absolute prescription under Swiss law is admissible, as the seizure was ordered before the prescription period expired and the mutual assistance…