Whistleblowers in Europe: how states waltz around Human Rights

What would be our European leader's advantage to seek not only reduced whistleblower protections in Europe, but across the world? Money, power, control, keeping the public in ignorance, … Some examples of how EU and Council of Europe states violate their whistleblower obligations.

We know from the previous posts that European standards empower member states to circumvent their international obligations:

The case of Switzerland ripping off the International anti-corruption Community

Switzerland due to its monist legal system is obliged to execute international conventions. I wrote a full explanation in the post Switzerland and its cantons international obligations, and of course there is the post explaining the United Nations Vienna Convention on the Law of Treaties

As Switzerland's federal web site clearly underlines:

An international norm approved by Switzerland automatically becomes part of Swiss law. In the hierarchy of legal norms, in principle international law takes precedence over national law. The Federal Constitution requires the Confederation and the cantons to comply with international law.

Switzerland has an internationally recognised track record of silencing corruption, and persecuting whistleblowers. Particularly so when Swiss authorities are involved in the wrongdoing.

On April 11th I posted an overview of whistleblower persecution in Switzerland On May 8th I posted about Swiss violation of whistleblowing protection and about ... and when you thought there is no more ...

As if there are not enough impartial reports and evidence already referenced, herewith some more in the context of the current post series on the subject of states violating whistleblower international law.

Council of Europe

Switzerland joined the Council of Europe (CoE) on May 6th 1963. As a member it holds a number of influential positions in the CoE and related organs, such as:

Switzerland has not joined the Civil Law Convention on Corruption.

On July 1st 2006 Switzerland joined the Criminal Law Convention on Corruption; And its Additional Protocol to the Criminal Law Convention on Corruption. The declarations and reservations by Switzerland show an intention to limit wrongdoing from being prosecuted.

Just prior to that, Switzerland had been condemned at the European Court of Human Rights for violation of article 10 of the European Declaration of Human Rights in the context of reporting wrongdoing.

Switzerland has been condemned a number of times by the courts on various whistleblower related issues. Hard headed, it keeps violating whistleblowers rights.

The question is not if Switzerland violates Human Rights. The question is how whistleblowers can achieve whistleblowing in a state where access to justice is denied, whistleblowers are persecuted, and the financial-time-personal consequences linked to whistleblowing are profoundly life impeding.

Whoever blows the whistle on Switzerland is shown by Swiss authorities, without shame and in public, that your life is over.

Indeed, whistleblowers have been arbitrarily condemned and imprisoned. Swiss corruption whistleblowers suffer retaliation, repression and persecution. Trading in influence, intimidation, corruption between lawyers and the judiciary, … You name it and Switzerland has used and will use it against whistleblowers.

The CoE reports on Switzerland show a number of softer problems, such as corruption and lack of transparency in its judicial, parliamentary and electoral system. These problems were first notified in 2016, and are still ongoing. The fact of non compliance since 2007 on various issues leaves little imagination possible.

Though the CoE goes around the hardest subjects, Switzerland does not remediate the softer wrongdoing, whilst seating in important decision making CoE organs.

Bold statements and in vain promises

Transparency, corruption and whistleblowing are prime areas where Switzerland is not interested in change. Every time pressure builds up, Switzerland makes bold statements and promises in the press, its partners, and the reviewing committees of international instruments.

Switzerland does however not follow them through. In so doing it keeps ripping off the international community and deflecting its international obligations.

A simple online search will reveal a stronghold of almost constantly surfacing examples. I give you just a few:

Bouldering statements end up silenced to maintain the murkiness of Swiss collegial secrecy.

Even when Credit Suisse defaults in part due to the Swiss need to silence the evidence and investigation into its ongoing holocaust wrongdoing, UBS turns it into a record profit less then a year later. More in-depth information is in the Wir haben es nicht gewusst post.

the OECD

For Switzerland the OECD Anti Bribery Convention (ABC) entered into force on July 30th 2000.

Switzerland's OECD reviews over the last 23 years trace Swiss arrogant thwarting of its OECD membership, and its obligations deriving from its voluntary accession to the Anti Bribery Convention. I wonder, how come it is still part of the OECD?

Switzerland has been left doing what it does best: deceiving its international partners to violate its international instruments obligations, without consequences or accountability. It simply continues its self esteemed superior culture of secrecy and corruption.

Switzerland has lied and mislead the OECD on multiple occurrences to obtain favourable reports and deflect criticism. The OECD hoped it would help motivate Switzerland into executing its obligations by having softer worded, motivating recommendations.

In so doing, one could interpret the promises of Switzerland as “bribing” the OECD into being less condemning of Switzerland's deliberate and full blown disdain for the organisation?

The tone changed somewhat in 2020, when Switzerland dumped to the trashcan 20 years of pretending it was working to change.

Switzerland might not fight a war with bullets, but it is fighting a war to maintain its state organised silence and corruption ethos.

I contacted the OECD Swiss reporters to find out what the consequences of the latest report of July 6th 2023 would be and what the next milestones are.

While it is in the public interest to know, the OECD have not responded. I've written twice, and by phone, they refused to comment as well. The OECD apparently does not talk to the public or Human Rights Defenders about the problem Switzerland.

There has also been no response on the request to obtain an English version of the July 6th 2023 additional follow-up report. This while it is in the public interest to know.

From public spanking of Switzerland in 2022, threatening with a high level mission by December, over softening and no mission in December 2022 based on an oral, not written (!) report by Switzerland and the expectation of a written report by June 2023, followed by a delayed, flimsy and deceitful report in July 2023, to silence. No transparency any more.

I beg to know the date and contents of the Swiss oral report, and why its contents is not made public. I beg to know why the “by June 2023” (so before June) report was delayed to July 2023. I beg to know when and how the OECD will make Switzerland accountable for its continued corrupting and ripping off the OECD.

In the name of the public interest, what's going on? And why can't we, the public, know? Is it then a matter of Swiss national security that corruption by Swiss authorities may flourish in Switzerland?

From my personal experience with the Swiss

You can read about some of my personal experiences with Swiss corruption on the blog. A small overview.

Lawyers refuse to do the necessary work afraid for their careers (on recording and in writing). Lawyers get forced by the judiciary to resign from cases. Lawyers refuse to work under the conditions the state imposes on them denying access to justice. Lawyers gang together committing gang crimes.

Civil judges threaten subjects in courts and arbitrarily dismiss evidence. Civil judges call and intimidate foreign courts and judges.

Public Prosecutors confirm it is OK to destroy evidence, and then in absence of evidence persecute the whistleblower.

Police confirms in writing being forced into signalling individuals on false grounds. Police records are truncated by those who have privileged access to police databases.

Alleged witness testimony's, who admit in their testimony to never have seen or had contact with the individual they testify against, get accepted without signature on the document. False documents get confirmed as real. Bailiff examined and confirmed recordings proving the corruption by the state get thrown out.

The Swiss are not even trying to hide their criminality. When people think of banana republic states, one must conclude Switzerland is the school example of how to be corrupt.

And then as whistleblower, you are faced with that, for the rest of your natural life?

No wonder some whistleblowers have:

I know of no case where those who blow the whistle on Swiss authorities are not profoundly harmed in their life.

The example of Belgium

Belgium is a party to all conventions mentioned in this post series. Due to the European Whistleblower Directive (EWD) a new, whistleblowing discriminating law was enacted in Belgium at the end of 2022.

The Federal Ombudsman Centre of Integrity (FOCI) was appointed the authority to establish who is a whistleblower in the context of this EWD inspired Belgian law, and the Belgian Federal Institute for the protection and promotion of Human Rights (FIRM) was appointed to execute the support and protections of recognised whistleblowers.

Whilst the FIRM confirmed the FOCI ought to protect and support me as whistleblower in light of international instruments, that all elements under Belgium's International obligations are present, it can not act until such time the FOCI confirms.

The FOCI chooses to restrictively interpret the EWD and Belgian law on the basis of excluding any non work related context.

According to FOCI, a stay at home parent who in the context of their career choice to take care of children, obtains unalienable evidence of state organised corruption, pay-for-contract international child kidnapping contracts from 4 countries over 6 cases involving 11 children and child sexual abuse, with child victims in need to be identified from recordings, and protected, is not a work related context.

The FOCI knowing I am without financial means to take them to court said:

Go to the court, the Belgian and EU law does not allow for us to recognise you as a whistleblower

Any argument on the basis of international instruments such as Belgium's UNCAC obligations to no avail.

The OCMW and CAW refused to confirm the necessary documents giving access to Belgium's prodeo justice system, under the pretext that it is an international and not a national issue. So the FOCI can not be sued, as they asked, for violating international law.

Under Swiss pressure and intimidation in the Belgian judicial system (as per recordings and documents) no access to justice and no protection in Belgium either.

The result is Swiss authorities continued intimidation of the Belgian judiciary, continued International child kidnappings, and the whistleblower left persecuted and aggressed, including attempt on his life which remain uninvestigated till this day.

When Switzerland decides to silence heinous crimes against children, it shows the sorry tramping of wrongdoing reporting rights, whistleblowing, by collegial CoE state authorities, in alleged Human Rights Defending Europe.

*Tags: #Rights #Whistleblower #Accesstojustice

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