International Mutual Legal Assistance Case (note)

JurisdictionSuiza
CourtCantonal Tribunal (Switzerland)
Switzerland, Superior Tribunal of the Canton of Zurich.
International Mutual Legal Assistance Case

Jurisdiction Territorial International mutual assistance in legal matters Legal nature of acts of mutual assistance The law of Switzerland

The following is the text of the relevant part of the judgment of the Court:

The purpose of international mutual assistance in legal matters is generally to facilitate the [judicial] activity of a foreign State. Acts which could not be performed by the authorities of the requesting State themselves, owing to the territorial limits to which they are subject, may be performed at their request, by the authorities of the requested State and the result of those acts is then communicated to the requesting State by means of transmission of the relevant file. The problems which arise with regard to the legality and execution of acts of international mutual assistance in legal matters are therefore above all questions of public international law since they arise in relations between States. Whatever their other functions laid down by the law, the authorities called upon to take decisions in such matters perform a task which falls within the competence of organs charged with the conduct of foreign affairs...

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