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61340 Vorabseiten_e - Unabhängige Expertenkommission Schweiz

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Solidarity Foundation (Stiftung solidarische <strong>Schweiz</strong>) on 5 March 1997, although<br />

at the time of this report’s publication, it is still unclear when this Foundation<br />

is likely to begin its work.<br />

The recognition that Switzerland needed to take a number of courageous steps<br />

to face up to the problems of its past and develop innovative ideas for the present<br />

and future was reflected, above all, in the framing of the Federal Decree to<br />

establish the ICE. This parliamentary decree constituted a significant breakthrough<br />

in that it facilitated access to private company archives – held by banks,<br />

insurance companies and industrial enterprises as well as natural persons –<br />

which had so far as a rule not been made available to historians. There had been<br />

no comparable public law intervention in private law since 1945/46, when<br />

Switzerland – under pressure from the Allies – was compelled to freeze and<br />

register German assets and make restitution for looted assets. Neither banking<br />

secrecy nor other legal provisions governing access to archives were allowed to<br />

impede the work of the Commission and its staff. All Swiss companies which<br />

had operated during the period in question were banned from destroying any<br />

files of relevance to the ICE. In return, all persons involved in the research<br />

project were bound by official secrecy and were thus required to treat all information<br />

with professional discretion. To guarantee transparency, the Swiss<br />

Government pledged to publish the Commission’s research findings in full. 2<br />

This provision made it easier for the ICE to withstand political pressure and<br />

carry out research freely and at its own discretion.<br />

With the Federal Council Decree of 19 December 1996, the nine members of<br />

the Commission were appointed. Wladislaw Bartoszewski, Saul Friedländer,<br />

Harold James, Georg Kreis, Sybil Milton, Jacques Picard, Jakob Tanner and<br />

Joseph Voyame were assigned to assemble themselves under the chairmanship<br />

of Jean-François Bergier, to devise a research programme to implement the<br />

mandate, and to carry out the historical and legal research. 3Linus von Castelmur<br />

took on the role of Secretary General. In spring 2000, Joseph Voyame was<br />

succeeded by Daniel Thürer, who specialises in constitutional and international<br />

law. In June 2000, Wladislaw Bartoszewski was appointed Polish Foreign<br />

Minister and – while remaining a member of the ICE – could no longer play an<br />

active part in coordinating the research work. With Sybil Milton’s death in<br />

autumn 2000, the Commission lost a highly competent scholar and a stimulating<br />

and charming personality. In February 2001, the Federal Council<br />

appointed the economist Helen B. Junz as her successor. In April 2001, Myrtha<br />

Welti succeeded Linus von Castelmur as Secretary General.<br />

As regards the research programme’s content, the Swiss Government broadened<br />

the parameters set by Parliament as early as 1996 and identified other sensitive<br />

issues such as economic relations, arms production, «Aryanisation measures»,

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