Rights of the Person Affected by Mutual Legal Assistance

Rights of the Affected Person

International mutual legal assistance may seriously affect the rights of targeted persons. The IMAC provides procedural safeguards to protect these individuals.

Right to Information (Art. 80b IMAC)

The person affected by an MLA measure must be informed of the existence of the request, unless the information risks compromising the investigation. Information must be provided at the latest at the time of the closing decision.

Right to Participate (Art. 80b Para. 2 IMAC)

The affected person has the right to participate in the execution of MLA measures. They may notably:

1. Attend hearings
2. Participate in the sorting of documents
3. Submit observations

Right of Appeal (Art. 80e IMAC)

The affected person may appeal the closing decision (the decision ordering the transmission of documents to the requesting state) before the Federal Criminal Court (FCC) within 30 days.

Appeal to the Federal Supreme Court is only available in particularly important cases (art. 84 FSCA).

Right to a Lawyer

The affected person has the right to be assisted by a lawyer throughout the MLA procedure. This assistance is particularly important for document sorting and filing appeals.

Data Protection

The transmission of personal data under MLA is subject to the speciality principle: the requesting state may only use the data for the offence mentioned in the request. Switzerland may attach conditions of use to the transmission.

Limits on Participation

In certain cases, the affected person's participation may be limited to protect the foreign investigation or witness safety. Such limitations must be proportionate and reasoned.