Facts
Colombian citizen Y. was arrested on 26 February 1981 in Miami (Florida/USA) while in possession of cocaine. A letter discovered during his arrest mentioned the transfer of a sum of $1,222,000 to a numbered account at a Geneva bank. The account was first blocked on 19 May 1981 by the investigating judge in Geneva as part of an international mutual legal assistance procedure. Ms. X., who claimed to be the account holder, objected to this decision. Subsequently, the blocking measure was lifted. However, on 12 August 1981, the Geneva investigating judge ordered the seizure of the account based on Art. 24 of the Federal Narcotics Act (NarcA) and Art. 58 of the Swiss Criminal Code (SCC). Ms. X. appealed this order to the Indictment Chamber of the Canton of Geneva, which rejected it on 13 September 1982. Ms. X. then filed a public law appeal with the Federal Supreme Court.Considerations
The Federal Supreme Court dismissed Ms. X.'s appeal. It considered that Art. 24 NarcA gives the Geneva authorities the power to seize, with a view to their subsequent forfeiture to the State, illicit financial benefits located in Geneva and derived from drug trafficking committed abroad, even if the perpetrator could not be punished in Switzerland under Arts. 3 to 6 SCC.
The Federal Supreme Court explained that Art. 24 NarcA was introduced by the legislator to allow…