Facts
The complainant [K.] , residing in Dubai, requests the annulment of the decision of the Indictment Chamber of the Canton of St. Gallen of 6 July 1999, which granted mutual assistance to Azerbaijan in a criminal proceeding for embezzlement of public funds. The complainant is the holder of a bank account with Union Bancaire Privée in Geneva, which was targeted by the Azerbaijani authorities in the context of the criminal proceeding against [X.] and co-defendants for embezzlement of public funds.
The Azerbaijani authorities had submitted a request for mutual assistance to the Swiss authorities on 9 June 1998, requesting the seizure of assets and the production of documents related to bank accounts. The Cantonal Investigating Magistrate for Economic Offenses of the Canton of St. Gallen had complied with the request and ordered the blocking of the complainant's bank account.
The complainant had lodged a complaint against this ruling, which the Indictment Chamber of the Canton of St. Gallen had partially upheld. However, the Indictment Chamber had granted the mutual assistance subject to certain conditions.
Considerations
The Federal Court reviewed the decision of the Indictment Chamber of 6 July 1999 and found that the complainant is directly and personally affected by the mutual assistance measures and has a legitimate interest in their annulment or modification.
However, the Federal Court also found that the complainant is not entitled to claim a violation of Art. 2 IMAC, as he is not the accused in the criminal proceeding and does not reside in Azerbaijan.
The Federal Court further found that the Indictment Chamber did not violate the complainant's right to be heard, as it had addressed the complaints raised and the…