Dick Marty (2007)
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Dick Marty (7 January 1945 – 28 December 2023) was a Swiss politician (
FDP.The Liberals FDP.The Liberals (, , , ) is a liberal political party in Switzerland. The party was formed on 1 January 2009, after two parties, the Free Democratic Party (FDP/PRD) and the smaller Liberal Party (LPS/PLS), united. In Vaud and Valais, the parti ...
) and state
prosecutor A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...
of the canton of
Ticino Ticino ( ), sometimes Tessin (), officially the Republic and Canton of Ticino or less formally the Canton of Ticino, is one of the Canton of Switzerland, 26 cantons forming the Switzerland, Swiss Confederation. It is composed of eight districts ...
. He was a member of the
Swiss Council of States The Council of States is a house of the Federal Assembly of Switzerland, the other house being the National Council. As the powers of the houses are the same, it is sometimes called perfect bicameralism. It comprises 46 members. Twenty of t ...
(from 1995 to 2011) and of the
Parliamentary Assembly of the Council of Europe The Parliamentary Assembly of the Council of Europe (PACE) is the parliamentary arm of the Council of Europe, a 46-nation international organisation dedicated to upholding human rights, democracy and the rule of law. The Assembly is made up of ...
.


Early life

Marty was born in
Sorengo Sorengo is a municipality in the district of Lugano in the canton of Ticino in Switzerland. History Sorengo was first mentioned in 1189 as ''Sourengo'' when the S. Lorenzo Cathedral in Lugano acquired the right to collect tithes. In the Late ...
, in
Ticino Ticino ( ), sometimes Tessin (), officially the Republic and Canton of Ticino or less formally the Canton of Ticino, is one of the Canton of Switzerland, 26 cantons forming the Switzerland, Swiss Confederation. It is composed of eight districts ...
, Switzerland. He held a doctorate in
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
from the
University of Neuchâtel The University of Neuchâtel (UniNE) is a French-speaking public research university in Neuchâtel, Switzerland. The university has four faculties (schools) and more than a dozen institutes, including arts and human sciences, natural sciences, ...
. His 1974 thesis was entitled, ''The Role and the Power of the Swiss Judge in the Application of Penal Sanctions'' ().


Professional career


Max Planck Institute

From 1972 to 1975, Marty worked at the
Max Planck Institute The Max Planck Society for the Advancement of Science (; abbreviated MPG) is a formally independent non-governmental and non-profit association of German research institutes. Founded in 1911 as the Kaiser Wilhelm Society, it was renamed to the M ...
for Foreign and International Criminal Law in
Freiburg Freiburg im Breisgau or simply Freiburg is the List of cities in Baden-Württemberg by population, fourth-largest city of the German state of Baden-Württemberg after Stuttgart, Mannheim and Karlsruhe. Its built-up area has a population of abou ...
,
Germany Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...
, responsible for the section on Swiss law.


State prosecutor

In 1975, Marty was nominated state prosecutor of
Ticino Ticino ( ), sometimes Tessin (), officially the Republic and Canton of Ticino or less formally the Canton of Ticino, is one of the Canton of Switzerland, 26 cantons forming the Switzerland, Swiss Confederation. It is composed of eight districts ...
, in which post he was specially noted for his energetic activities fighting
organized crime Organized crime is a category of transnational organized crime, transnational, national, or local group of centralized enterprises run to engage in illegal activity, most commonly for profit. While organized crime is generally thought of as a f ...
and
drug abuse Substance misuse, also known as drug misuse or, in older vernacular, substance abuse, is the use of a drug in amounts or by methods that are harmful to the individual or others. It is a form of substance-related disorder, differing definitions ...
. For his achievements in the area of drug legislation, he received in 1987 an Award of Honor of the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...
and a special award of honor by the
International Narcotic Enforcement Officers Association International is an adjective (also used as a noun) meaning "between nations". International may also refer to: Music Albums * ''International'' (Kevin Michael album), 2011 * ''International'' (New Order album), 2002 * ''International'' (The T ...
. 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.


NGO leadership

Marty was president of Tourism Switzerland from 1996 to 2007. He also served as president of the Swiss Scouting Foundation until 2010. In 2014, Marty was appointed head of the Cycling Independent Reform Commission by the
Union Cycliste Internationale The Union Cycliste Internationale (; UCI; ) is the world governing body for sports cycling and oversees international competitive cycling events. The UCI is based in Aigle, Switzerland. The UCI issues racing licenses to riders and enforces di ...
, with a remit to investigate doping in the sport during the 1990s and 2000s.


Political career


Government of Ticino

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.


Council of States

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


Council of Europe

In 1998 Marty was appointed a member of the
Parliamentary Assembly of the Council of Europe The Parliamentary Assembly of the Council of Europe (PACE) is the parliamentary arm of the Council of Europe, a 46-nation international organisation dedicated to upholding human rights, democracy and the rule of law. The Assembly is made up of ...
, 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.


Secret CIA prisons in Europe

In 2005, Marty was appointed to lead an investigation by the Council of Europe into alleged unlawful
CIA black sites Following the September 11 attacks of 2001 and subsequent War on Terror, the United States Central Intelligence Agency (CIA) established a "Detention and Interrogation Program" that included a network of clandestine extrajudicial detention cen ...
in Europe. 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. 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''. 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 The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a co ...
and the US
Senate Intelligence Committee report on CIA torture The Committee Study of the Central Intelligence Agency's Detention and Interrogation Program is a report compiled by the bipartisan United States Senate Select Committee on Intelligence (SSCI) about the Central Intelligence Agency (CIA)'s Detent ...
.


Organ theft claim in Kosovo

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 Kosovo, officially the Republic of Kosovo, is a landlocked country in Southeast Europe with International recognition of Kosovo, partial diplomatic recognition. It is bordered by Albania to the southwest, Montenegro to the west, Serbia to the ...
, involving
Hashim Thaçi Hashim Thaçi (; born 24 April 1968) is a Kosovo Albanian politician who was the president of Kosovo from April 2016 until his resignation on 5 November 2020. He was the first prime minister of Kosovo and the Foreign minister and deputy pri ...
, the Kosovo prime minister and former
Kosovo Liberation Army The Kosovo Liberation Army (KLA; , UÇK) was an Albanians, ethnic Albanian separatist militia that sought the separation of Kosovo, the vast majority of which is inhabited by Albanians, from the Republic of Serbia (1992–2006), Republic of R ...
political leader. Kosovo's leading politicians reacted strongly to Marty's report. Kosovo's acting president, Jakup Krasniqi, called the report "racist towards Albanians". 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". As reported by several international, Serbian, Kosovan and Albanian 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 The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, represe ...
endorsed the report and called for a full and serious investigation into its contents. Since the issuance of the report, however, senior sources in the
European Union Rule of Law Mission in Kosovo The European Union Rule of Law Mission in Kosovo, known as EULEX Kosovo or simply as EULEX,About EULEX
accessed 15 Jan ...
(EULEX) and many members of the
European Parliament The European Parliament (EP) is one of the two legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it ...
have expressed serious doubts regarding the report and its foundations, believing Marty failed to provide "any evidence" concerning the allegations.Politician angers MEPs over Kosovo organ harvesting claim
(''
The Irish Times ''The Irish Times'' is an Irish daily broadsheet newspaper and online digital publication. It was launched on 29 March 1859. The editor is Ruadhán Mac Cormaic. It is published every day except Sundays. ''The Irish Times'' is Ireland's leading n ...
'')
In 2015, his effort to fight
organised crime Organized crime is a category of transnational, national, or local group of centralized enterprises run to engage in illegal activity, most commonly for profit. While organized crime is generally thought of as a form of illegal business, some ...
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 The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, represe ...
supported another finding by Swiss prosecutor
Carla Del Ponte Carla Del Ponte (born February 9, 1947) is a Swiss former Chief Prosecutor of two United Nations international criminal law tribunals. A former Swiss attorney general, she was appointed prosecutor for the International Criminal Tribunal for the f ...
, 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.


Euthanasia

Marty acted as Special ''
Rapporteur A rapporteur is a person who is appointed by an organization to report on the proceedings of its meetings. The term is a French-derived word. For example, Dick Marty was appointed ''rapporteur'' by the Parliamentary Assembly of the Council of Eur ...
'' for the Assembly's Social, Health and Family Affairs Committee on the topic of
euthanasia Euthanasia (from : + ) is the practice of intentionally ending life to eliminate pain and suffering. Different countries have different Legality of euthanasia, euthanasia laws. The British House of Lords Select committee (United Kingdom), se ...
. 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. His stance proved controversial and the report was criticised by a number of organisations, such as the World Federation of Catholic Medical Associations and the Scottish Council on Human Bioethics. John Keown, a professor of Christian ethics at
Georgetown University Georgetown University is a private university, private Jesuit research university in Washington, D.C., United States. Founded by Bishop John Carroll (archbishop of Baltimore), John Carroll in 1789, it is the oldest Catholic higher education, Ca ...
in
Washington, DC Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...
, described it as "Mr Marty's muddle" and criticized him for "superficiality" and "selectivity." 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. Keown's criticism of Marty's report was criticised by Guy Widdershoven of Maastricht University. Marty's report, as amended by McNamara, was approved by the European Committee on Legal Affairs and Human Rights on 18 September 2003.


Ballot Initiative for Global Corporate Responsibility

As of 2015, Marty served as co-president for the
ballot measure A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
to amend the
Swiss constitution The Federal Constitution of the Swiss Confederation (SR 10; (BV); (Cst.); (Cost.); ) of 18 April 1999 (SR 101) is the third and current federal constitution of Switzerland. It establishes the Swiss Confederation as a federal republic of ...
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. 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

In April 2022, Swiss media agency Swiss Info alleged Marty was the target of the Serbian
Security Intelligence Agency The Security Intelligence Agency (; abbr. БИА / BIA) is a national security and intelligence agency of Serbia. The agency is responsible for collecting, reporting and disseminating intelligence, and conducting counterintelligence in the interes ...
who plotted to assassinate him and place the blame on
Albanians The Albanians are an ethnic group native to the Balkan Peninsula who share a common Albanian ancestry, Albanian culture, culture, Albanian history, history and Albanian language, language. They are the main ethnic group of Albania and Kosovo, ...
to discredit Kosovo internationally. Swiss Info wrote that Marty was guarded by
Swiss police Law enforcement in Switzerland is mainly a responsibility of the 26 cantons of Switzerland, who each operate cantonal police agencies. Some cities also operate municipal police agencies as provided for by cantonal law. The federal government ...
over four months in 2020. The Serbian Security Intelligence Agency denied claims of the assassination plot. Marty stated the threats came from Serbian intelligence services who wanted to kill him in order to blame it on Kosovo Albanians.


Death

Marty died on 28 December 2023, at the age of 78 from
pancreatic cancer Pancreatic cancer arises when cell (biology), cells in the pancreas, a glandular organ behind the stomach, begin to multiply out of control and form a Neoplasm, mass. These cancerous cells have the malignant, ability to invade other parts of ...
.


See also

*
Crime in Switzerland Crime in Switzerland is combated mainly by cantonal police. The Federal Office of Police investigates organised crime, money laundering and terrorism. Crime statistics In Switzerland, police registered a total of 432,000 offenses under the C ...


Notes


External links


www.DickMarty.ch
nbsp;– Personal homepage, mainly in Italian * *
Council of Europe The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, represe ...
:
Profile page
** Chronology briefing note 
Marty's investigation on CIA secret detentions
**Marty's draft report 
Inhuman treatment of people and illicit trafficking in human organs in Kosovo
{{DEFAULTSORT:Marty, Dick 1945 births 2023 deaths FDP.The Liberals politicians 20th-century Swiss lawyers People from Sorengo Members of the Council of States (Switzerland) Council of Europe people University of Neuchâtel alumni Candidates for the Federal Council (Switzerland) Deaths from pancreatic cancer in Switzerland