Lex Duvalier: A Corrupt Politician’s Worst Nightmare
On February 1, 2011, the Swiss Restitution of Illicit Assets Act (RIAA), commonly referred to as “Lex Duvalier,” came into effect. This law provides for the freezing, forfeiture, and restitution of assets of politically exposed persons or their close associates. It applies in cases where a request for mutual assistance in criminal law matters cannot produce an outcome owing to the failure of state structures in the requesting state (the politically exposed person’s country of origin). The former leader of Haiti, Jean-Claude Duvalier, whose USD 6.2 million has been frozen in a Swiss bank account since 1986, will now have to return the money to its rightful owners—namely, the Haitian people. In a recent interview, Swiss attorney Enrico Monfrini, who represents the Haitian government in the legal battle, noted that, “Duvalier’s 6.2 million in Swiss banks is not a large amount compared with the hundreds of millions the former leader allegedly stole, but morally, repatriation of the money would be a huge victory.”1
This analysis was prepared by COHA Research Associate Gonzalo Turdera
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