Switzerland's highest court has rejected a request for judicial assistance from the Russian authorities, relating to the handover of documents in the ongoing investigation into the embattled oil company Yukos.
The Federal Tribunal partially upheld an appeal by several companies seeking to block the passing of documents to Russia detailing bank account information and financial dealings between Yukos and a number of Swiss firms. In doing so, the judges rejected the decision made by the Swiss federal attorney last July to hand over 80 files, out of the 1,300 it has in its possession, to the Russian authorities.
"Switzerland would not agree to collaborate with what looks more like a never-ending search for evidence," the court ruled as it temporarily blocked what is thought to be the twentieth request for information from Moscow.
The judges also noted the Council of Europe's reservations over the trials of former Yukos chief executive Mikhail Khodorkovsky and his associate, Planton Lebedev, which, it is widely believed, were politically motivated and carried out in an atmosphere of intimidation.
The fact that the two main protagonists in the Yukos affair have already been tried, convicted and imprisoned was also a factor in the judges' decision not to release the documents.
However, the court ordered the Swiss Federal Prosecutor's Office to seek further clarification from the Russian authorities relating to the case, and requested translated documents from the Russians so that it can continue to examine the Yukos affair.
In 2004, Switzerland froze almost US$5 billion in assets linked to Yukos at the request of Russia, as the company and Khodorkovsky fought multiple charges ranging from tax evasion to money laundering. Yukos was eventually made to pay back taxes totalling some US$28 billion, while Khodorkovsky was given an eight year prison sentence after a highly publicised trial last year.
Although a large chunk of the Swiss assets has been released, it is thought that about US$48 million remains frozen in Swiss accounts.
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