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Dick Marty

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Marty in 2007

Dick Marty (7 January 1945 – 28 December 2023) was a Swiss politician (FDP.The Liberals) and state prosecutor of the canton of Ticino. He was a member of the Swiss Council of States (from 1995 to 2011) and of the Parliamentary Assembly of the Council of Europe.

Early life

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Marty was born in Sorengo. He held a doctorate in law from the University of Neuchâtel. His thesis was entitled, The Role and the Power of the Swiss Judge in the Application of Penal Sanctions (French: Le Rôle et les pouvoirs du juge suisse dans l'application des sanctions pénales).[citation needed]

Professional career

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Max Planck Institute

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From 1972 to 1975, Marty worked at the Max Planck Institute for Foreign and International Criminal Law in Freiburg, Germany, responsible for the section on Swiss law.[citation needed]

State prosecutor

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In 1975, Marty was nominated state prosecutor of Ticino, in which post he was specially noted for his energetic activities fighting organized crime and drug abuse. For his achievements in the area of drug legislation, he received in 1987 an Award of Honor of the United States Department of Justice and a special award of honor by the International Narcotic Enforcement Officers Association.

In 1995, upon being elected to the Swiss Council of States for Ticino, he resigned from his executive post and thereafter worked part-time as a legal and economic consultant.[citation needed]

NGO leadership

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Marty was president of Tourism Switzerland from 1996 to 2007. He also served as president of the Swiss Scouting Foundation until 2010.[1]

In 2014, Marty was appointed head of the Cycling Independent Reform Commission by the Union Cycliste Internationale, with a remit to investigate doping in the sport during the 1990s and 2000s.[2]

Political career

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Government of Ticino

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In 1989, Marty was elected a member of the cantonal executive in Ticino, where he was director of the finance department, and in 1992 additionally held the office of president, which rotates among the members.[citation needed]

Council of States

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In the Council of States, Marty was a member of key commissions, including the Finance Commission and Economy and Taxes Commission.[3]

Council of Europe

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In 1998 Marty was appointed a member of the Parliamentary Assembly of the Council of Europe, where he became a member of its Monitoring Committee. He was later second vice-chairman of the Political Affairs Committee, with further positions in sub-committees.[4]

Secret CIA prisons in Europe

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In 2005, Marty was appointed to lead an investigation by the Council of Europe into alleged unlawful CIA black sites in Europe.[5] Marty used satellite images and aviation logs, among many other sources of information, to find out whether the "rendition" of terror suspects for possible torture, or for secret detention, had taken place in any of the Council of Europe's 47 member states. Such activities would be a violation of European human rights standards. In June 2006 Marty released his report on behalf of the Parliamentary Assembly, concluding that evidence showed that fourteen European states had assisted in the perpetration of such abuses.[6][7]

Marty published a second report a year later on 8 June 2007, named Secret Detentions and Illegal Transfers of Detainees Involving Council of Europe Member States: Second Report.[8] This went further, revealing evidence that torture had taken place at secret CIA prisons located in Poland and Romania, prompting furious denials from both countries at the time, and provoking a global media storm. However, in an unfolding process of slowly accumulating evidence, drip-by-drip revelation and gradual admission on the part of the governments and government officials involved - a process described by Marty as "the dynamic of truth". The claim was subsequently confirmed by judicial rulings, parliamentary inquiries and media, including a series of landmark rulings by the European Court of Human Rights[9][10] and the US Senate Intelligence Committee report on CIA torture.

Organ theft claim in Kosovo

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On 14 December 2010, Marty published a report for adoption by the Council of Europe alleging inhuman treatment of people and killing of prisoners with the purpose of removal and illicit trafficking in human organs in Kosovo, involving Hashim Thaçi, the Kosovo prime minister and former Kosovo Liberation Army political leader.[11]

Kosovo's leading politicians reacted strongly to Marty's report. Kosovo's acting president, Jakup Krasniqi, called the report "racist towards Albanians".[12] Prime Minister Thaçi accused Marty of being "an opponent of Kosovo's independence" and called the report "politically motivated", "not based on facts", with the "goal to damage the newly-created state of Kosovo, Kosovo’s image, to question the election process, creation of institutions and Kosovo’s European future".[13] As reported by several international,[14] Serbian,[15] Kosovan[16] and Albanian[17] news agencies, in an interview for Albanian TV Klan on 24 December 2010, Thaçi threatened to publish a list of Albanians who collaborated in providing information to Dick Marty for this report. On 25 January 2011, the Council of Europe endorsed the report and called for a full and serious investigation into its contents.[18][19] Since the issuance of the report, however, senior sources in the European Union Rule of Law Mission in Kosovo (EULEX) and many members of the European Parliament have expressed serious doubts regarding the report and its foundations, believing Marty failed to provide "any evidence" concerning the allegations.[20] In 2015, his effort to fight organised crime in Kosovo was vindicated, when Thaçi was charged with war crimes and crimes against humanity. The second investigation by Dick Marty in 2011 for the Council of Europe supported another finding by Swiss prosecutor Carla Del Ponte, adding that Thaçi had been involved in illegal organ trafficking. On 14 September 2021, a Dutch-based Kosovan court started proceedings against Thaçi, who remains under prosecution, despite lobbying efforts by Albanian-Americans to free him.[21]

Euthanasia

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Marty acted as Special Rapporteur for the Assembly's Social, Health and Family Affairs Committee on the topic of euthanasia. His report and draft resolution, published in September 2003, called on Council of Europe members to collect empirical data on assisted dying, to promote debate and analysis of the evidence, and to consider whether legislation should be brought forward to exempt doctors from prosecution for assisting suicide under certain strict conditions.[22] His stance proved controversial and the report was criticised by a number of organisations, such as the World Federation of Catholic Medical Associations[23] and the Scottish Council on Human Bioethics.[24] John Keown, a professor of Christian ethics at Georgetown University in Washington, DC, described it as "Mr Marty's muddle" and criticized him for "superficiality" and "selectivity."[25]

The Committee subsequently adopted an amended Opinion prepared by the British member Kevin McNamara, a conservative Catholic, who criticised several of Marty's findings and conclusions and sought to replace the call for governments to consider legislation to legalise assisted dying with a resolution to "report back to the Parliamentary Assembly for further consideration". McNamara's amendments were criticised in turn by organisations such as the World Federation of Right to Die Societies.[26] Keown's criticism of Marty's report was criticised by Guy Widdershoven of Maastricht University.[27] Marty's report, as amended by McNamara, was approved by the European Committee on Legal Affairs and Human Rights on 18 September 2003.[28]

Ballot Initiative for Global Corporate Responsibility

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As of 2015, Marty served as co-president for the ballot measure to amend the Swiss constitution so that global companies headquartered in Switzerland are adhering to human rights and environmental standards. In February 2019, the ballot measure initially passed the Swiss National Council and was modified by the Council of States, rejecting the counter-initiative by the National Council.[29] At the ballot on 29 November 2020 50,7% of Swiss voters accepted the initiative, but it failed to become law since the majority of the Cantons rejected the text.

Assassination plot

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In April 2022, Swiss media agency Swiss Info alleged Marty was the target of the Serbian Security Intelligence Agency who plotted to assassinate him and place the blame on Albanians to discredit Kosovo internationally.[30][31] Swiss Info wrote that Marty was guarded by Swiss police over four months in 2020.[30] The Serbian Security Intelligence Agency denied claims of the assassination plot.[32] Marty stated the threats came from Serbian intelligence services who wanted to kill him in order to blame it on Kosovo Albanians.[31]

Death

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Marty died on 28 December 2023, at the age of 78.[33]

See also

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Notes

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  1. ^ "Schwyzer wird Präsident der Pfadistiftung". Luzerner Zeitung (in German). 1 December 2010. Retrieved 28 December 2023.
  2. ^ O'Shea, Sadhbh (5 March 2015). "UCI announces Cycling Independent Reform Commission". cyclingnews.com. Retrieved 3 March 2015.
  3. ^ "Dick Marty". Swiss Federal Assembly. Retrieved 28 December 2023.
  4. ^ "Mr Dick MARTY (Switzerland, ALDE)". Council of Europe. Retrieved 28 December 2023.
  5. ^ "Timeline: the Council of Europe's investigation into CIA secret prisons in Europe". Council of Europe. 24 July 2014.
  6. ^ Geoff Meade (Wednesday 7 June 2006) "Britain Named for Colluding in US Rendition Flights" Archived 2006-06-15 at the Wayback Machine, originally published by The Independent
  7. ^ Dick Marty (12 June 2006) "Alleged secret detentions and unlawful inter-state transfers of detainees involving Council of Europe member states" Archived 2007-06-09 at the Wayback Machine, Council of Europe
  8. ^ Dick Marty, (8 June 2007), Secret detentions and illegal transfers of detainees involving Council of Europe member states: second report, Council of Europe
  9. ^ "Secret rendition and detention by the CIA in Poland of two men suspected of terrorist acts - press release of the European Court of Human Rights" (PDF). European Court of Human Rights. 24 July 2014. Retrieved 30 September 2022.
  10. ^ "Romania committed several rights violations due to its complicity in CIA secret detainee programme - press release of the European Court of Human Rights" (PDF). European Court of Human Rights. 31 May 2018. Retrieved 30 September 2022.
  11. ^ Inhuman treatment of people and illicit trafficking in human organs in Kosovo, Council of Europe
  12. ^ SADRIU, President of the Republic of Kosovo-DR VJOSA OSMANI-. "The Acting President of the Republic of Kosovo Dr. Jakup Krasniqi reacts against the Draft Report prepared by the Council of Europe's Rapporteur Dick Marty". President of the Republic of Kosovo - DR. VJOSA OSMANI - SADRIU. Retrieved 2 February 2023.
  13. ^ "Interview with Thaci in Kosovar daily 'Gazeta Express'" Archived 2010-12-24 at the Wayback Machine, Gazeta Express
  14. ^ Radio Free Europe/Radio Liberty in West Balkan languages: "Tači će objaviti spisak Albanaca koji su pomagali Martiju" (Thaci will publish the list of Albanians who were helping Marty)
  15. ^ B92 in English: "Thaci to release names of Marty’s helpers" Archived 2010-12-28 at the Wayback Machine
  16. ^ Kosova Info: "Thaçi ka dosje të bashkëpunëtorëve të Martyt" (Thaci has record of Marty's collaborators) Archived 2016-03-04 at the Wayback Machine
  17. ^ Info Albania: Thaci ka dosje te bashkepunetoreve te Martyt Archived 2011-07-26 at the Wayback Machine (Thaci has record of Marty's collaborators)
  18. ^ 'Kosovo physicians accused of illegal organs removal racket' The Guardian, 14 December 2010. Retrieved 2 February 2011
  19. ^ "Council Adopts Kosovo Organ Trafficking Resolution". Balkan Insight. 25 January 2011. Retrieved 26 January 2011.
  20. ^ Politician angers MEPs over Kosovo organ harvesting claim (The Irish Times)
  21. ^ "Controversial Kosovan court begins investigation of alleged war crimes" The Irish Times. Retrieved 25 October 2021.
  22. ^ Social, Family and Health Affairs Committee of the Parliamentary Assembly of the Council of Europe (10 September 2003). "Doc. 9898, Euthanasia, Rapporteur: Mr Dick Marty, Switzerland, LDR". Archived from the original on 11 January 2012. Retrieved 8 September 2011.
  23. ^ "Vote on Euthanasia at the Council of Europe, Statement for Press Release" (PDF). Archived from the original (PDF) on 16 November 2011. Retrieved 8 September 2011.
  24. ^ "Briefing to UK Parliamentary Assembly Members of the Council of Europe, Mr Dick Marty's Proposals (Doc. 9898) for the Parliamentary Assembly of the Council of Europe - 27 April 2004" (PDF). Retrieved 8 September 2011.
  25. ^ J Keown (22 February 2005). "Mr Marty's Muddle:a superficial and selective case for euthanasia in Europe". Journal of Medical Ethics. 32 (1). BMJ Publishing Group Ltd & Institute of Medical Ethics: 29–33. doi:10.1136/jme.2004.011148. PMC 2563269. PMID 16373521.
  26. ^ "The Report on Euthanasia". 20 August 1970. Retrieved 8 September 2011.
  27. ^ Widdershoven, G (2006). "Commentary: Euthanasia in Europe: a critique of the Marty report". Journal of Medical Ethics. 32 (1): 34–35. doi:10.1136/jme.2005.012146. PMC 2563270. PMID 16373522.
  28. ^ Committee on Legal Affairs & Human Rights of the Parliamentary Assembly of the Council of Europe (23 September 2003). "Doc. 9923, Euthanasia: Opinion, Rapporteur: Mr Kevin McNamara, United Kingdom, Socialist Group". Archived from the original on 2 April 2012. Retrieved 8 September 2011.
  29. ^ "Schweiz: Debatte um Konzern-verantwortungsinitiative hält an". Business & Human Rights Resource Centre. Retrieved 27 June 2019.
  30. ^ a b swissinfo.ch/mga. "Former Swiss prosecutor 'targeted by Serbian assassins'". SWI swissinfo.ch. Retrieved 11 April 2022.
  31. ^ a b "Menacé de mort, Dick Marty vit sous haute protection depuis seize mois". rts.ch (in French). 9 April 2022. Retrieved 11 April 2022.
  32. ^ "Serbian Spy Agency Denies Swiss Report of Assassination Plot". Balkan Insight. 11 April 2022. Retrieved 11 April 2022.
  33. ^ "L'ultima battaglia del già senatore Dick Marty". La Regione. 28 December 2023. Retrieved 28 December 2023.
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