Dick Marty
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Dick Marty (born 7 January 1945) is a
Swiss Swiss may refer to: * the adjectival form of Switzerland *Swiss people Places * Swiss, Missouri *Swiss, North Carolina * Swiss, West Virginia *Swiss, Wisconsin Other uses * Swiss-system tournament, in various games and sports * Swiss Internation ...
politician A politician is a person active in party politics, or a person holding or seeking an elected office in government. Politicians propose, support, reject and create laws that govern the land and by an extension of its people. Broadly speaking, ...
( FDP.The Liberals) and former state
prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tria ...
of the canton of
Ticino Ticino (), sometimes Tessin (), officially the Republic and Canton of Ticino or less formally the Canton of Ticino,, informally ''Canton Ticino'' ; lmo, Canton Tesin ; german: Kanton Tessin ; french: Canton du Tessin ; rm, Chantun dal Tessin . ...
. He is a former member of the
Swiss Council of States The Council of States (german: Ständerat, french: Conseil des États, it, Consiglio degli Stati, rm, Cussegl dals Stadis) is the upper house of the Federal Assembly of Switzerland, with the National Council being the lower house. It compri ...
(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 ...
.


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 M ...
. He holds a doctorate in
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
from the
University of Neuchâtel The University of Neuchâtel (UniNE) is a French-speaking university based in Neuchâtel, Switzerland. The university has four faculties (schools) and more than a dozen institutes, including arts and human sciences, natural sciences, law and eco ...
. 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).


Professional career


Max Planck Institute

From 1972 to 1975, Marty worked at the
Max Planck Institute Max or MAX may refer to: Animals * Max (dog) (1983–2013), at one time purported to be the world's oldest living dog * Max (English Springer Spaniel), the first pet dog to win the PDSA Order of Merit (animal equivalent of OBE) * Max (gorilla) ...
for Foreign and International Criminal Law in
Freiburg Freiburg im Breisgau (; abbreviated as Freiburg i. Br. or Freiburg i. B.; Low Alemannic: ''Friburg im Brisgau''), commonly referred to as Freiburg, is an independent city in Baden-Württemberg, Germany. With a population of about 230,000 (as o ...
,
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...
, 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,, informally ''Canton Ticino'' ; lmo, Canton Tesin ; german: Kanton Tessin ; french: Canton du Tessin ; rm, Chantun dal Tessin . ...
, in which post he was specially noted for his energetic activities fighting
organized crime Organized crime (or organised crime) is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally th ...
and
drug abuse Substance abuse, also known as drug abuse, is the use of a drug in amounts or by methods which are harmful to the individual or others. It is a form of substance-related disorder. Differing definitions of drug abuse are used in public health, ...
. 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 federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United Stat ...
and a special award of honor by the International Narcotic Enforcement Officers Association. In 1989 he 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. In 1995, upon being elected to the Swiss Council of States for Ticino, he resigned from his executive post and has since worked part-time as a legal and economic consultant. In the Council of States he has been member of key commissions, including the Finance Commission and Economy and Taxes Commission, and took an active part in getting the new Swiss constitution through parliament.


Council of Europe

In 1998 Marty was appointed as 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 ...
, 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 a
investigation
by the Council of Europe into alleged unlawful
CIA black sites CIA black sites refer to the black sites that are controlled by the CIA and used by the U.S. government in its War on Terror to detain enemy combatants. US President George W. Bush acknowledged the existence of secret prisons operated by the ...
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 or medi
sources
including a series of landmark rulings by the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
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 ( sq, Kosova or ; sr-Cyrl, Косово ), officially the Republic of Kosovo ( sq, Republika e Kosovës, links=no; sr, Република Косово, Republika Kosovo, links=no), is a international recognition of Kosovo, partiall ...
, involving
Hashim Thaçi Hashim Thaçi (; born 24 April 1968) is a Kosovar Albanian politician who was the president of Kosovo from April 2016 until his resignation on 5 November 2020 to face a war crimes tribunal. He was the first prime minister of Kosovo and the For ...
, the Kosovo prime minister and former
Kosovo Liberation Army The Kosovo Liberation Army (KLA; , UÇK) was an ethnic Albanian separatist militia that sought the separation of Kosovo Kosovo ( sq, Kosova or ; sr-Cyrl, Косово ), officially the Republic of Kosovo ( sq, Republika e Kosovës, ...
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; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold human rights, democracy and the rule of law in Europe. Founded in 1949, it has 46 member states, with a p ...
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 Ja ...
(EULEX) and many members of the
European Parliament The European Parliament (EP) is one of the Legislature, legislative bodies of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union (known as the Council and in ...
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 launched on 29 March 1859. The editor is Ruadhán Mac Cormaic. It is published every day except Sundays. ''The Irish Times'' is considered a newspaper ...
'')
In 2015, his effort to fight
organised crime Organized crime (or organised crime) is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally th ...
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; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold human rights, democracy and the rule of law in Europe. Founded in 1949, it has 46 member states, with a p ...
supported another finding by Swiss prosecutor
Carla Del Ponte Carla Del Ponte (born February 9, 1947) is a 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 former ...
, adding that Thaçi had been involved in illegal organ trafficking. In Sep 14, 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 el, εὐθανασία 'good death': εὖ, ''eu'' 'well, good' + θάνατος, ''thanatos'' 'death') is the practice of intentionally ending life to eliminate pain and suffering. Different countries have different eut ...
. 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 research university in the Georgetown neighborhood of Washington, D.C. Founded by Bishop John Carroll in 1789 as Georgetown College, the university has grown to comprise eleven undergraduate and graduate ...
in
Washington, DC ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morg ...
, 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

Since 2015, Marty serves as co-president for the
ballot measure A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption o ...
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. The initiative enjoys popular support. It had been on the ballots in November 2020, 29. 50,7% of the Swiss voters accepted the text but the initiative failed 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 ('' sr, Безбедносно-информативна агенција / Bezbednosno-informativna agencija''; abbr. ''BIA'') is a national intelligence agency of Serbia. The agency is responsible for collecting, ...
who plotted to assassinate him and place the blame on
Albanians The Albanians (; sq, Shqiptarët ) are an ethnic group and nation native to the Balkan Peninsula who share a common Albanian ancestry, culture, history and language. They primarily live in Albania, Kosovo, North Macedonia, Montenegro, Ser ...
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 p ...
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.


Other

Besides his political work, since 1996 Marty has been president of Tourism Switzerland. In addition, he serves as president of th
Swiss Scoutism Foundation
In January 2014 Marty was appointed as head of the Cycling Independent Reform Commission by the
Union Cycliste Internationale The ''Union Cycliste Internationale'' (UCI; ; en, International Cycling Union) is the world governing body for sports cycling and oversees international competitive cycling events. The UCI is based in Aigle, Switzerland. The UCI issues raci ...
, with a remit to investigate doping in the sport during the 1990s and 2000s.


Notes


External links


www.DickMarty.ch
nbsp;– Personal homepage, mainly in Italian * *
Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold human rights, democracy and the rule of law in Europe. Founded in 1949, it has 46 member states, with a p ...
:
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 FDP.The Liberals politicians 20th-century Swiss lawyers People from Sorengo 1945 births Living people Members of the Council of States (Switzerland) Council of Europe people University of Neuchâtel alumni