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8. The acts referred to in article 1 of the Convention are covered first of all by the provisions protecting life and physical integrity (CPS arts. 111-136). These were amended by the Act of 23 June 1989, which entered into force on 1 January 1990. With regard to torture, besides homicide (CPS art. 111 et seq.) and endangering the life or health of another (CPS art. 127 et seq.), bodily injury (CPS arts. 122-126) has a specific meaning: the offence of causing simple bodily harm (CPS art. 123), which can also be committed by negligence (CPS art. 125), is committed when transient discomfort equivalent to a state of illness is caused to another person (for example, substantial pain, a nervous shock, intoxication or dizziness). Case law holds that the same applies to substantial affronts to physical integrity that have no effect on health, such as shaving the head completely bare or administering injections. Lesser affronts, causing no more than a temporary decrease in well-being, such as minor swelling, contusions, abrasions and scratches, are punishable as assault under CPS article 126. According to a new ruling by the Federal Court, the threshold of punishability is crossed when physical attack in excess of what is customarily acceptable is sustained. Bodily harm, damage to health or pain does not have to ensue. It should also be noted that assaults constituting bodily harm under the Swiss Criminal Code include acts whose severity clearly brings them within the scope of torture as defined in article 1 of the Convention.

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26.By letter dated 10 June 1999, the Government responded to this urgent appeal. It indicated that following a complaint submitted to what has now become Examining Court No. 43, proceedings are in progress, an order of committal having been issued against Sergeant Víctor Pablo Barrionuevo for the offence of minor bodily harm. Insufficient grounds were found for either undertaking or dismissing proceedings against Major Carlos Fabián Chávez. The action to rescind is not final because appeals have been lodged by lawyers both for the Argentine Federal Police and for Mr. Ojeda. The Government indicates that preliminary steps have been instituted in Court No. 14 concerning the offence of 6 April 1999. It states that measures were taken to ensure Mr. Ojeda's physical safety and provide psychological counselling. Such measures continued until 19 April, when Mr. Ojeda ceased to accept assistance of any kind. Since 27 April, contact has been made with the victim only once, and he again declined any form of protection.

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8. The acts referred to in article 1 of the Convention are covered first of all by the provisions protecting life and physical integrity (CPS arts. 111-136). These were amended by the Act of 23 June 1989, which entered into force on 1 January 1990. With regard to torture, besides homicide (CPS art. 111 et seq.) and endangering the life or health of another (CPS art. 127 et seq.), bodily injury (CPS arts. 122-126) has a specific meaning: the offence of causing simple bodily harm (CPS art. 123), which can also be committed by negligence (CPS art. 125), is committed when transient discomfort equivalent to a state of illness is caused to another person (for example, substantial pain, a nervous shock, intoxication or dizziness). Case law holds that the same applies to substantial affronts to physical integrity that have no effect on health, such as shaving the head completely bare or administering injections. Lesser affronts, causing no more than a temporary decrease in well-being, such as minor swelling, contusions, abrasions and scratches, are punishable as assault under CPS article 126. According to a new ruling by the Federal Court, the threshold of punishability is crossed when physical attack in excess of what is customarily acceptable is sustained. Bodily harm, damage to health or pain does not have to ensue. It should also be noted that assaults constituting bodily harm under the Swiss Criminal Code include acts whose severity clearly brings them within the scope of torture as defined in article 1 of the Convention.

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The case was brought to court: Eight employees of the related company and of WSW were sued because of "negligent bodily harm folloded by death". One construction manager was effectively sentenced to a fine (14400 DM) by the court in first instance (Country Court Wuppertal, September, 29th 2000). Seven cases pended at the highest instance: The Federal Court in Karlsruhe ("Bundesgerichtshof", BGH) sentenced on January, 31st 2002. The sentences of imprisonment placed on probation for 8 and 20 months against two employees of WSW were confirmed by BGH. In a similar way the discharge of the highest traffic manager for Schwebebahn at WSW was confirmed, because his security concept - though imperfect - has not been proved to be the reason for the accident. The discharges of four workers, however, were suspended and a new trial at an another chamber of the lower court was ordered (to come in July 2002 probably): Although it was impossible to prove which worker among the four had forgotten to remount the deadly metal claw from the tracks, according to BGH they were responsible alltogether. - The civil law-suit of WSW against Lavis Ltd. started on February, 5th 2002. WSW is claiming for 4.6 Million EUR from Lavis, but the court made it clear, that the expenses should be partitioned on both parties (as a first suggestion: 45 percent for WSW). The judge also recommanded a settlement out of court. The trial will be continued on June, 25th 2002.

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8. The acts referred to in article 1 of the Convention are covered first of all by the provisions protecting life and physical integrity (CPS arts. 111-136). These were amended by the Act of 23 June 1989, which entered into force on 1 January 1990. With regard to torture, besides homicide (CPS art. 111 et seq.) and endangering the life or health of another (CPS art. 127 et seq.), bodily injury (CPS arts. 122-126) has a specific meaning: the offence of causing simple bodily harm (CPS art. 123), which can also be committed by negligence (CPS art. 125), is committed when transient discomfort equivalent to a state of illness is caused to another person (for example, substantial pain, a nervous shock, intoxication or dizziness). Case law holds that the same applies to substantial affronts to physical integrity that have no effect on health, such as shaving the head completely bare or administering injections. Lesser affronts, causing no more than a temporary decrease in well-being, such as minor swelling, contusions, abrasions and scratches, are punishable as assault under CPS article 126. According to a new ruling by the Federal Court, the threshold of punishability is crossed when physical attack in excess of what is customarily acceptable is sustained. Bodily harm, damage to health or pain does not have to ensue. It should also be noted that assaults constituting bodily harm under the Swiss Criminal Code include acts whose severity clearly brings them within the scope of torture as defined in article 1 of the Convention.

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Within the Swiss Penal Code, fiscal offences have never been considered true crimes. Fiscal offences committed as a preparatory act to money laundering are not subject to prosecution; to deposit hot money is therefore not a punishable act. For obvious reasons, this meets with some criticism and there is little one can say in defence of this policy. It is enough to say that in cases of serious fiscal offences, Switzerland gives legal assistance to other jurisdictions. It would, however, be erroneous to believe that all tax dodgers are protected by Swiss banking secrecy. We have to differentiate between two types: tax evasion committed abroad, which is prosecuted by a foreign authority; and criminal tax fraud, which is a statutory offence. When it comes to legal assistance, it is possible to confiscate bank documents and freeze accounts. Admittedly, the entire procedure is quite tedious, because unlike other legislations, Switzerland grants the party concerned a number of ways to contest the freeze. However, in assisting a foreign authority in tax fraud proceedings, it is quite possible to lift banking secrecy.

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