In 2008 Germany officially announced to have paid EUR 4.2 million for criminally acquired tax data from Liechtenstein. Subsequently, and with media coverage, German officials used these data in lawsuits against their own citizens (e.g. against the former chairman of the managing board of the Deutsche Post). At the same time German Government representatives called out on fighting tax havens and signaled to have „massive interest“ in further banking data of potential German tax evaders. Dr. Delnon then warned against baiting criminals and against illegal assaults by foreign government agencies. She carefully monitored the potentially dangerous development against the background of State’s sovereignty and with reagard to international law and the Swiss Criminal Law. At the end of January 2010 German media promptly reported that German government authorities were considering the „purchase“ for EUR 2.5 million of a CD with illegally otained banking data of customers of a Swiss.
At the beginning of February 2010 Delnon contacted the Swiss authorities, because international law is in force between nations and there is no room for law of the jungle. She suggested reclaiming the illegally procured data by means of a rare state’s claim of Switzerland against Germany at the International Court of Justice (ICJ) as compensation for the breach of international law and treaties by German officials and government representatives. In Delnon’s view the unlawful procurement of secret and legally protected information outside the course of action agreed upon by treaties assumedly breached the Council of Europe Criminal Law Convention on Corruption, the Swiss-German double-tax treaty, the European Convention on Mutual Assistance in Criminal Matters, furthermore crimes of espionage against the state of Switzerland, which are liable to prosecution also when committed abroad. But above all such behaviour seemed against the spirit, purpose and wording of the UN Charter and the International Covenant on Economic, Social and Cultural Rights (ICESCR) as well as the International Covenant on Civil and Political Rights (ICCPR). The latter were created after the bitter experience of the Second World War in order to safeguard peace from government representatives breaching basic right. These most important ideas mustn’t fall victim to short-term political and financial interests.
- Week 09/2008, article in the Weltwoche of Dr. Vera Delnon: „State-approved Support of Criminals“ (Staatlich geförderte Kriminelle)
- February 2010, Reasons for a Swiss State’s claim against Germany at the ICJ, personal initiative of Dr. Delnon
- March 2010, Interpellation „International law instead of law of the jungle“ („Völkerrecht statt staatliches Faustrecht“) at the National Council by NC Doris Fiala and 84 supporters considerung a claim
- March 2010, advertisement of the political party FDP „We want a lawsuit against Germany!“ (Wir fordern eine Staatsklage gegen Deutschland!)
- The German Constitutional Court declares that the use of illegaly acquired banking data is legal
- The Paris Court of Appeal’s verdict is that the use of illegaly acquired banking data is illegal and not to be used by French authorities
- Autumn 2011, accusation of the „thief“ of the banking data, suicide of a intermediary
- December 2011, Banking data „thief“ declared guilty of qualified economic espionage, money laundering, breaching of banking and business secrets; verdict of the Federal Criminal Court
- International warrant of arrest against German tax fraud investigators, issued by the Swiss Federal Prosecutors Office
- Rejection of international requests for juridicial assistance in connection with illegally acquired banking data because of breach of international law, circular letter by the Federal Office of Justice