In 1995, Patrick Foetisch, Chairman of the board of directors of a company monopolizes by a swindle the multimedia product developed by the start up company of Mr Erni. Then he immobilizies Mr Erni company by using the powder of lawyers.The product stolen with the fraud is the first interactive multimedia generation of the applications which are using the digital technology for communicating and selling by the image. These applications allow to use internet for placing orders. Mr Erni is one of the pioneers to have incorporated advertising into his application for financing it. It is a product similar to which one developed by Jeff Bezos at the same time in the USA who made the success of AMAZON by exploiting the new technologies of the digital technology. While Mr Erni has his company immobilized, one of Mr Foetisch friends launches a company to exploit the stolen product.

The Waadt Parliament goes then asked an opinion of right to Dr Claude Rouiller, one of the high relation of Mr Foetisch.
It is Me Schaller who represents Mr Erni and who follows the file.
Dr Claude Rouiller will make a false expertise, he will neither invite Me Schaller the legal representative of Mr Erni, nor the representatives of the Public who deposited the demand of parliamentary investigation, for presenting its expertise on this case.
The public who deposited the parliamentary investigation demand and Me Schaller will protest and will ask that Dr Claude Rouiller presents them his expertise. Mr Claude Rouiller has refused. An interruption of prescription for false expertise gives evidence of the facts occulted during this period.
In all the cases, Mr Claude Rouiller is always welcome to come for presenting his expertise in public and even at the television.

The writing of the secondary laws and the codes of procedures to apply the Constitution is of the responsibility of the Federal Parliament and the Canton Parliaments. These latters have to watch the respect for the Constitution during their writing as specifies it the article 35 cste.

	Serment de Didier Burkhalter Président de la Confédération

Note :
A chief of state has not just to say : "I swear to observe the Constitution of my country, so that it is true".
More and more chief of state are charged after their Presidency. For example, Mr Chirac, Mr Sarkosy, etc. were prevented not to have respected the law of their country.
Switzerland does not escape the rule. The perfidy of MIcheline Calmy-Rey to cover the organized crime shows that she was faithless her Oath to respect the federal Constitution in a particularly serious way.
In Switzerland contrary to the foreign countries, the magistrates who violate their Oath enjoy the protection almost absolved from the Swiss underworld, who control the Courts.

The betrayal of the Oath to respect the article 35 of the Constitution is one of the main elements used by the Swiss underworld to commit crimes.
By the violation of their Oath, the Courts and the lawyers can violate the respect for the fundamental rights by vitiating procedures.
Every year magistrates and state employees of the State are faithless their Oath to respect the guaranteed rights by the Constitution for questions of private interest, cronyism, etc. It concern all levels, from agents of the order up to the highest magistrate of the Confederacy.
The betrayal of Micheline Calmy-Rey is one of examples which show that the swearing of a magistrate is not sufficient to guarantee the respect of the fundamental rights guaranteed by the Constitution.

The betrayal by a federal Councilor of his Oath to respect the Constitution blocks in a dramatic way the smooth running of the Constitution. The method used by Micheline Calmy-Rey to allow the organized crime with the professional secret of the lawyer is worse than the methods used by UBS and described by Bradley Birkenfeld, to deceive the American treasury, (see annex point 8)

In Switzerland, there is no school of judiciary. Lawyers and judges belong to the same family. The choice of the judges is often made by deputy lawyers which have interests hidden with the magistrates which they propose as judge. The legislator, consists of an important group of lawyers. The latter plans privileges for themselves and their Brotherhood. These privileges which the secret of the lawyer can be used to commit crimes. These Privileges reduce the power of the Courts treating crimes committed by lawyers. The legislator (at the exception of the lawyers) did not think that lawyers were going to use the reduction of the power of the Courts bounded to their privileges to commit crimes. As soon as a lawyer uses the power of the Courts with its privileges to commit crimes, there is no more division of powers.

The privileges granted to the lawyers who allow them to use the Courts to commit crimes with complete impunity violate manifestly the separation of the powers. This violation of the separation of the powers blocks completely the smooth running of the Constitution within the framework of crimes committed by lawyers. The Courts - established to make respect of the Constitution - become those who violate with perfidy the Constitution.

The codes of procedures were drafted to allow the crime committed by lawyers and initiated by violating cunningly the supreme law, which is the Constitution. They allow to use occult methods, without any control, so cunning as methods described by Bradley Birkenfeld to by-pass the american supreme law. They allow to vitiate the official documents by preventing cunningly to establish the Truth in the respect for the guaranteed rights by the Constitution.

In the penal code, an example which gives the gooseflesh to the Americans is the fact that an accused can lie in Switzerland. Nothing of what he says cannot be retained against him. While in the USA, as soon as a person is prevented, she is informed that she has the right to keep silent but that all that she says can be retained against her. This small detail set up by the Swiss underworld allows any liar who knows the Swiss law to block the smooth running of the Constitution.
In Switzerland, a judge can remove proofs of a file when he passes on it to the lawyer of a victim of a crime committed by a lawyer, then to put back the proofs in the file to falsify the course of the trial, there is no control. In switzerland, the penal code does not foresee that the respect of the fundamental rights is the objective of the magistrate. These methods allow to block completely the smooth running of the Constitution. The penal code serves for covering crimes of the Swiss underworld protected by lawyers' brotherhoods.

The power given to a magistrate allows him to vitiate any procedure. He just has to exclude the elements which show that the procedure cannot be applied by the way he makes it. He has the power of it if he does not respect by the article 35 of the Constitution.

As soon as a magistrate doesn't respect the article 35 of the Constitution, he can vitiate the procedures and block completely the smooth running of the federal Constitution. For example, in Switzerland a Judge can introduce the testimony of a witness who has never existed in a prescription to vitiate its judgment and cover for example the crimes committed by a lawyer. It is the methods similar to those described by Bradley Birkenfeld that allow the magistrates to block completely the smooth running of the Constitution.

The privileges granted to the lawyers whose protections of the courts allow them to create damages to citizens with the power of the State, by making them doing excessive and vitiated procedures.

For example, a lawyer can attribute false comments to a witness of his crime to accuse another citizen on his place. He has the power to forbid the Judge to make this witness testify. With these gangster's methods which remind those described by Bradley Birkenfeld, any citizen can be judged on the basis of lies established by lawyers' brotherhoods.

The betrayal of Micheline Calmy-Rey who legalizes these methods of the Swiss underworld allows to block completely the smooth running of the Constitution.

Relations binding the brotherhoods of lawyers to the Courts

The relations which bind the members of lawyers' brotherhoods to the Courts allow to prevent to file a criminal complaint against a lawyer who committed a crime. They allow to prevent the instruction of its infraction. They reduce the power of the Courts. They allow to grant the impunity to the lawyer. They allow to use the power of the Courts to harass the victims of these crimes by making them doing excessive and disloyal procedures.

The betrayal of Micheline Calmy-Rey who darkens cunningly and covers these methods of the Swiss underworld allows to blocks completely the smooth running of the Constitution.

The privileges granted by the legislator to lawyers' Brotherhoods within the framework of crimes committed by lawyers violate by definition the equality before the law.

For example: the one who wants to file a criminal complaint against a President, Administrator does not need a license of the President of the bar to be defended by a lawyer. The one who wants to file a complaint against a President administrator lawyer will need a license of the President of the bar to be defended by a lawyer. As a result the privileges blocks in a catastrophic way the smooth running of the Constitution.

The federal Court, in the profound distaste for the respect for the Constitution, established a whole series of unfair rulings to hinder the judicial actions engaged against lawyers.

For example, it admits cunningly that a Court cannot make a witness of crime testify if the witness has been forbidden to testify by a lawyer's Brotherhood. The betrayal of Micheline Calmy-Rey who darkens these methods of the Swiss underworld allows to block completely the smooth running of the Constitution.

In Switzerland, the power granted to the Courts allows them to vitiate documents. Since a magistrate does not respect the article 35 cste, everything is allowed to falsify the Truth. The most current practices are the neglect of facts in favor of a party to falsify the judgments. The neglect of facts is also subtle as the methods described by Bradley Birkenfeld to deceive the American justice. The Swiss magistrate can refuse to hear the main witnesses of a crime, to push aside facts or to modify cunningly facts described by witnesses during their verbalization. Push aside the annoying details proving the crime and not ask the essential questions to the witnesses to prevent the Truth from being established. There is a whole series of procedure who allow to hinder the respect of the Values of the Constitution. For example the prescriptions which are not sent to the concerned persons ! Etc.

For example, in the case of the affair of the Betrayal of MIcheline Calmy-Rey, we saw proofs of crime evidence which disappeared from files, and witnesses who had never existed who appeared in prescriptions. Such a set of elements allows to block completely the smooth running of the Constitution. Such elements could not happen if audiences were filmed as they are recorded in USA. It shows that the methods described by Bradley Birkenfeld for committing crimes are apparently taking their source in the Swiss Courts.

When Mr Erni wanted to lodge a complaint against the President administrator Foetisch, his lawyer taught him that an authorization of the President of the bar was requested to lodge a complaint because the President Admnistrator had a cap of lawyer. Mr Erni having his company immobilized by Mr Foetisch had to wait several weeks to obtain the authorization. Finally, just before the proceedings prescription of the violation of the copyright which is three months, the President of the bar, neighbor of Mr Foetisch, refused to give the authorization. Any business manager who has his company immobilized by a swindle, and who has to wait for weeks an authorization to be able to lodge a penal complaint undergoes a considerable damage by these discriminations. Lawyers do not inform their customers, when they are mandated that it is not possible to lodge a complaint against a President Administrator with a lawyer cap without an authorization of the President of the bar

The authorization request is an obvious discrimination in front of the law. It is a violation of the fundamental rights. It is a disloyal procedure which allows professionals of the law to hinder the legal action.

In the introduction in Micheline Calmy-Rey's perfidy, we saw that a President Administrator lawyer can commit a crime as administrator and in parallel use his Title of lawyer to obtain the immunity. See Introduction to Micheline perfidy

The fact that a lawyer can commit at the same time a crime as business man and at the same time take advantage of his Title of lawyer to enjoy the protection of the Courts violates obviously the respect for the fundamental rights.
For example, within the framework of this swindle, Mr Foetisch chairs administrator of the company ICSA had appointed the lawyer Me Foetisch to defend ICSA. It was the same man. The lawyer Me Foetisch, representing the company of the President Administrator Foetisch used a false cunning contract to commit the swindle. In the Courts, the judges obey the lawyer Me Foetisch. At the request of Me Foetisch, a neuchâtelois judge even forbade during an audience of Court that we speak about the false contract used by Mr Foetisch. The protection of the double cap gives a power to the lawyers which puts them over the judges. It violates the equality before the law and the access to independent Courts.

The fact that the President of the bar forbade that the complaint can be lodged against the President administrator Foetisch, because he was a lawyer, reduces the power of the Courts and violates the fundamental rights. The citizen who did not study the law, who does not know that it is needed an authorization of the President of the bar to lodge a complaint against a President administrator, is automatically discriminated to enforce his fundamental rights. He has no possibility of being defended by a lawyer in a fair way. The latter being bound to the Courts.

It is necessary to underline that the brotherhoods of lawyers are private associations. There is no reason which can justify that these private associations have the protection of the Courts and that they can forbid for example cunningly that a judge can make show a witness while the other associations have not this power. It is the codes of procedures which violate the federal Constitution. The codes of procedures and the rules of lawyer ethics reduce the power of the judge and limit their role to the function of luxuries lackeys of the lawyers trained for by-passing the respect of the fundamental rights.

The facts.....
- that a Court President cannot make testify a witness forbidden to testify by a brotherhood of lawyer
- that the judges are only the luxury lackeys of lawyers (see 5.3 above)
- that a judge can forbid that we pronounce the term of false contract in a Court at the request of the one who committed a swindle with a false contract
- that a President administrator with a cap of lawyer can take advantage of his cap of lawyer to hinder the legal action,
- etc..
show that there is no division of powers between the members of the brotherhoods of lawyers and that lawyers can use the power of the Courts to commit crimes with complete impunity

The absence of division of powers between the brotherhoods of lawyers and the Courts with the links which bind lawyers to the Courts violate obviously the fundamental rights. The Courts are neither neutral nor independent to treat cases of crimes committed by members of brotherhoods. It is an obvious violation of the fundamental rights. Even worse, with the codes of procedures and the rules of lawyer ethics, the role of the Courts is reduced to that of the luxury lackeys of lawyers. In particular, the underworld of the Swiss lawyers can use the power of the Courts to commit crimes and make doing excessive and disloyal procedures to their victim with complete impunity.

The federal Court does not escape to the rule.
The example of Dr Claude Rouiller which made a false expertise to cover the crime of Me Foetisch is not an exception.
Me Philippe Bauer, former president of the neuchâtelois Big Council, obtained that his luxury lackeys of the federal Court, recognize by a cunningly vitiated ruling that the reduction of the power of the judges by the brotherhoods of lawyers is not an infringement on the personality of the victims of such crimes.
For the federal judges, it is normal that a Court President cannot make testify a witness of crimes of lawyer forbidden to testify by the lawyer brotherhood of the criminal. In other words, the federal Court recognizes to the Brotherhoods of lawyers the right to reduce the power of Courts within the framework of crimes committed by lawyers which are using the power of the Courts to commit their crimes.

Such a ruling violates obviously the rules of the good faith and the fundamental rights, it is a case study. It shows especially that there was violation of the division of the powers. In the above case, the sworn federal judges had the obligation to recuse themselves for respecting their Oath. They could not make a decision on crimes committed with the power of their Court. They have lost the face and compromised the image of Swiss Courts.

This ruling shows how the relations which bind the brotherhoods of lawyers to the federal Court allow them to vitiate the official documents by pushing aside all the facts which show the violation of the guaranteed fundamental rights by the federal Constitution. The federal Court with the brotherhoods of lawyers have used the procedural methods described by Bradley Birkenfeld in the USA for by-passing cunningly the Swiss Constitution.

After the bank managers who are arrested in the USA for by-passing the American law, maybe tomorrow, it will be screen lawyers and the federal judges who protect them, who will be arrested in the USA for manipulating cunningly the procedures in order to by-pass the respect of the American law for committing economic crimes.

The American Senate observed that the implemented methods by banks to commit economic criminality are gangster's methods. They are disloyal procedures.
It was not even necessary a question to know if these procedures were legal or not. They simply noticed that the supreme law of the USA was obviously violated by these procedures.
The American Senate showed that a crime cannot be justified with disloyal procedures. There is a supreme law. It is the only reference which matters to judge an affair. The sworn magistrates in the USA look simply that the supreme law is respected

The American lesson is that in the USA, we cannot justify crimes as the Swiss Courts are doing it by calling upon the respect of vitiated procedure cunningly established for committing crimes.

In the parliamentary investigation demand, the Public notices the obvious violation of the guaranteed rights by the federal Constitution and the ECHR(EUROPEAN COURT OF HUMAN RIGHTS) with the practices used by the magistrates for committing crimes. It says that these practices make shiver. As the American Senate, it notices that the federal Council allows the Federal Courts to use vitiated procedures which are at the origin of the organized crime in Switzerland

Who says violation of the fundamental rights also says that the article 35 of the Constitution was violated by sworn magistrates

The sworn magistrates who violate their Oath to respect the article 35 cste are at the origin of the organized crime in Switzerland. The violation of their Oath is the main engine used by the Swiss underworld to generate and apply disloyal procedures.

The implemented methods by banks and lawyers to commit economic criminality with their professional secrecy are gangster's methods. They violate the Values of the Constitution. They are based on the use of disloyal procedures which allow to vitiate the official documents and to hide cunningly the data which prove the criminality.

Micheline Calmy-Rey while she was president of the Confederacy was faithless her Oath to honor the Constitution for protecting the interests of one of the Swiss underworld Bosses. By violating her Oath to respect its duty of function, she set up a new federal lock which allows banks and lawyers to use screen lawyers to commit crimes in Switzerland and abroad with complete impunity with the protection of the federal Court.

It was asked to her to confirm that she had respected her Oath when she was faithless her Oath. She was not able to make it. She did not repair for all that the damage.

To our knowledge, she does not speak about it in her book !

Click here for discovering her perfidy