Dr. Rafik Benaissa Files a Complaint Against Swiss Federal Prosecutor Mr. Michael Lauber for Alleged Violation of Preliminary Judicial Investigation Confidentiality

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Dr. Rafik Benaissa, brother of former SNC Lavalin executive Riadh Ben Aissa, has filed a complaint against Swiss Federal Prosecutor Mr. Michael Lauber with the Bern-Switzerland Supreme Court. The complaint alleges a violation by Mr. Michael Lauber of Riadh Ben Aissa’s preliminary judicial investigation confidentiality.

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Dr. Rafik Benaissa, a US Citizen and brother of former SNC Lavalin executive Riadh Ben Aissa, has filed a complaint against Swiss Federal Prosecutor Mr. Michael Lauber with the Bern-Switzerland Supreme Court (#799264770371). The complaint alleges a violation of Riadh Ben Aissa’s preliminary judicial investigation confidentiality by Mr. Michael Lauber as described by the following five allegations:

1 - It is alleged that Mr. Michael Lauber has ordered Mr. Riadh Ben Aissa, a Canadian Citizen, to be detained in confinement without charges in a Bern-Switzerland prison since April 2012. Mr. Riadh Ben Aissa is detained in a small uncomfortable cell without any windows, and only allowed one hour a day out of his cell. He is only allowed one phone call a week to his family. Mr. Michael Lauber’s detention of Riadh Ben Aissa in confinement in a Bern-Switzerland prison is defined as torture per the criteria of the American Civil Liberties Union. Confinement has been declared as torture by the ACLU and has been condemned by the ACLU before the United Nations Human Rights Council in 2012.

2 - It is alleged that Mr. Michael Lauber’s prosecution of Mr. Riadh Ben Aissa’s case has been discriminatory and political. In court documents filed with the Bern Supreme Court, Dr. Rafik Benaissa claims that Mr. Michael Lauber is submitting his brother Riadh Ben Aissa to a cruel treatment because of his alleged ties to Mr. Saadi Kadhafi, son of Colonel Mouaamar Kadhafi. Dr. Rafik Benaissa claims that Mr. Michael Lauber’s prosecution of Riadh Ben Aissa’s case has voluntarily omitted to investigate or charge any of the other SNC Lavalin employees or any of the SNC Lavalin members of the Board of Directors. Rather, Mr. Michael Lauber has used former SNC Lavalin supervisors of Riadh Ben Aissa as witnesses giving them judicial immunity according to a November 29 2012 CBC report.

3 - It is alleged that Mr. Michael Lauber has violated Riadh Ben Aissa’s judicial preliminary investigation confidentiality. Dr. Rafik Benaissa claims that these allegations of a violation of the investigation’s confidentiality by Mr. Michael Lauber are illustrated in a television show called “Enquete” aired by Radio-Canada on March 14 2013, and made available worldwide through Radio-Canada’s web site.

4 - In court documents sent to the Bern Supreme Court (#799264770371), Dr. Rafik Benaissa alleges that the confidential information provided by Mr. Michael Lauber to Radio-Canada has negatively affected Swiss and international public opinion against Riadh Ben Aissa’s interests and defense process and against his family, in an international context of regime changes, vendettas, political instability, and witch hunts.

5 - In court documents sent to the Bern Supreme Court (#799264770371), Dr. Rafik Benaissa claims that Mr. Michael Lauber’s prosecution of Riadh Ben Aissa’s case has violated Swiss laws of professional confidentiality, has attempted to interfere with the democratic process of Swiss Justice, and has tainted Swiss reputation of a country of Justice and Human Rights. The law suit filed with the Bern Supreme Court by Dr. Rafik Benaissa respectfully requests from the Swiss Department of Justice that an investigation be opened against Federal Prosecutor Mr. Michael Lauber on the allegation of a violation of the confidentiality of Riadh Ben Aissa’s judicial preliminary investigation in Switzerland.

A copy of Dr. Rafik Benaissa’s claim can be obtained at:
Cour Suprême du Canton de Berne
Section Pénale
Hochschulstrasse 17,
Bern, Switzerland 3001
Tel. : +41 31 635 48 00
Fax : +41 31 635 48 18

A copy of the complaint has also been sent to:
European Court of Human Rights
Council of Europe
1, Avenue de l'Europe
67075 Strasbourg Cedex
France
Tel. : +33 (0)3 88 41 20 18
Fax : +33 (0)3 88 41 27 30

Public relation contact for Dr. Rafik Benaissa:
Attorney Elie Chahwan Avocat
Montreal-Canada
(514) 726-1636
(438) 380-5151
elie(dot)chahwan(at)videotron(dot)ca
(Attorney Elie Chahwan is not involved professionally in the complaint but acting only as Public Relation consultant)

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Attorney Elie Chahwan Avocat

(514) 726-1636
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