EST T.RLESLaTIO:11 SWISS JUSTICE AND POLICE DEPARTUENT N 11699 Tt Reimbursement Berne, 14 August 1946 THE SWISS FEDERAL DEPARTUENT OF JUSTICE AHD POLICE Zeal sated on the peal made byllessra. Paarlichanal. Laver at Gemara and Dr. . Professor et the Swiss Federal PalYt00/20Agi iistituta, an behalf of Michel 0 L I • N, born 11.94,27,,1697.. itaniei, huainseaman, and his wits born September 10, 1899, Against a decree of the 'State Counoil • of the Canton Geneva of October 12, 1946 confirming a Swiss Expul- sion dNoision, on the basis of the following (findings of) forte, I. Olian was born at Riga as a Russian subject. He studied at Riga and St. Pttersbourg. Fram 1914 to 1919 he was in the Russian Military Service. In 1920 he left Russia to go to Ger- many first, then, in 1922, to Feria. In France he was active in financial affairs. He was expelled from France in 1926 because at *speculation against the French currency and against French credit.* However, this order VW not carried out endives revoked in 1924. In 1928, Olian VIA condemned by the French Courts to one month in prison with reprieve and SOO French francs fine for *violation of the monopoly of the telephone transmissions:1 He actually had installed a radio transmitter to sand quotationa of the stook exchange. Olian entered Switzerland in 1939, provided with a consular 'Visa permitting a short stay in Geneva. He tried at first to obtain permit to stay. emphasizing that he could go back to France at an time and that ha had the intention to ,return to France soon. It is true that later he declared in a statement ahioh he submitted to the Swiss Federal Police for Aliens in 1943, that he had some to the decision, since the outbreak of the war, to stay in Switzer- land and for that reason he had caused his 'life and daughter to COMA to Switzerland also. Thus Olian has concealed his true in- tentions at the beginning of his stay in Switzerland to the Swiss Federal Adios for Aliens. On January 23, 1940, the Swiss Federal Police for Aliens refused to consent to a permit to stay, proposed by the authorities of the Canton and instead ordered him expelled giving him a period of grace for departure until February 9, 1940. This period was later extended, the last time from August 1, 1940 tc, August 20, 1940. DECLASSIFIED AND RELEASED BY CENTRAL INTELLIGENCE AGENCY SOURCES METHODS EXEMP1I.0N3132B NAZI WAR CRIMES DISCLOSURE ACT DOE 2001 2006 .Dee-lassified-aftd Approved for Release by the Central Intelligence Agency Date: NAZI WAR CRIMES DISCLOSURE ACT
Transcript
EST
T.RLESLaTIO:11
SWISS JUSTICE AND POLICE DEPARTUENT
N 11699 Tt
Reimbursement
Berne, 14 August 1946
THE SWISS FEDERAL DEPARTUENT OF JUSTICE AHD
POLICE
Zealsated on the peal made byllessra. Paarlichanal. Laver atGemara and Dr. . Professor et the Swiss Federal PalYt00/20Agiiistituta, an behalf of Michel 0 L I • N, born 11.94,27,,1697..itaniei, huainseaman, and his witsborn September 10, 1899, Against a decree of the 'State Counoil •of the Canton Geneva of October 12, 1946 confirming a Swiss Expul-sion dNoision, on the basis of the following (findings of) forte,
I.Olian was born at Riga as a Russian subject. He studied
at Riga and St. Pttersbourg. Fram 1914 to 1919 he was in theRussian Military Service. In 1920 he left Russia to go to Ger-many first, then, in 1922, to Feria. In France he was active infinancial affairs. He was expelled from France in 1926 becauseat *speculation against the French currency and against Frenchcredit.* However, this order VW not carried out endives revokedin 1924. In 1928, Olian VIA condemned by the French Courts toone month in prison with reprieve and SOO French francs finefor *violation of the monopoly of the telephone transmissions:1He actually had installed a radio transmitter to sand quotationaof the stook exchange.
Olian entered Switzerland in 1939, provided with a consular'Visa permitting a short stay in Geneva. He tried at first to obtain
permit to stay. emphasizing that he could go back to Franceat an time and that ha had the intention to ,return to France soon.It is true that later he declared in a statement ahioh he submittedto the Swiss Federal Police for Aliens in 1943, that he had someto the decision, since the outbreak of the war, to stay in Switzer-land and for that reason he had caused his 'life and daughter toCOMA to Switzerland also. Thus Olian has concealed his true in-tentions at the beginning of his stay in Switzerland to the SwissFederal Adios for Aliens.
On January 23, 1940, the Swiss Federal Police for Aliensrefused to consent to a permit to stay, proposed by the authoritiesof the Canton and instead ordered him expelled giving him a periodof grace for departure until February 9, 1940. This period waslater extended, the last time from August 1, 1940 tc, August 20, 1940.
DECLASSIFIED AND RELEASED BY
CENTRAL INTELLIGENCE AGENCY
SOURCES METHODS EXEMP1I.0N3132B
NAZI WAR CRIMES DISCLOSURE ACT
DOE 2001 2006.Dee-lassified-aftd Approved for Releaseby the Central Intelligence AgencyDate:
NAZI WAR CRIMES DISCLOSURE ACT
bEST AVAILABLE COPY
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On September 17; 1940, the Federal Police for Aliens reversed thisorder and offes‘ed to give Olian a permit to stay for a short time.Hnwever. Olian did not have the permission to undertake anyprofitable business activity whatever.
The appellant was permitted to stay until March 3, 1943,apottperrits stay of abort durations, carrying the followingnotations 'Temporary Stay". Express prohibition against any pro-fitable activity Whatever in Switzerland.'
Onilarch 3, 1943, Olian became subject to the special lamsconcerning emigrants according to the special order of the SwissFederal Council of October 17, 1939, modifying the regulations ofthe Swiss Federal Police for Aliens: At that occasion be saaespecially forbidden *to engage any profitable activities whateveror to accept any paid employment in Switzerland without the specialauthorization of the Swiss Federal Police :or Aliens.' Thus, heobtained his permit to stay under these reservatiers.
On September 13, 1944, Olian as well as his wife were ex-pelled from Switzerland by a decision of the Swiss Department ofjustice and Police for an unlimited time for violating the prohi-bition to engage in any profitable activity. Olian appealed thisdecision to the Council of the Canton of Geneva. The State Councilrejected the appeal by order of October 12, 1945, and confirmed theexpelling order handed dawn by the lower agenoy.
IV.
In his appeal against the decision of the State Council,Oliaa presented the following argumentas The Canton of Genevube not entitled to pronounee the expulsion, •inoe the last authori-sation in this matter had been handed down by the Police Departmentfor Aliens of the Canton of Basel-City. Moreover, the method usedfor this investigation have been faulty. Thus, Olian should nothave been questioned by the commission established by the laws ofthe Canton for aunh cases. The contracts concluded with the Swissfirms had been legal. Besides. said transactions had been in theinterest of Swiss firms and consequently entirely in the interestof the Swiss eocnany. Moreover, they had not violated in any respectthe principles of Swiss neutrality. Furthermore, the Federal Policefor Aliens; had been put on notice of this activity ty Olian himselfin Maroh 1943. In spite of that a permit to stay was accorded to himon April 2, 1943, valid until the end of September 1943; it is truethat this permit admonished the applicant to prepare hie departureby that date. From then an Olian dia not engage in any lucrativeactivity any more, and he did not do so inapite of the fact thatvarious Swiss business houses approached him. Moreover, Olian hadnot enganged in business relations witl the purpose of making profit,but in order to facilitate taking up of his business affairs afterthe war and in order to prove hie esteem in regard to Switzerland.The comaieeions . which he RAW given had been relatively modest and hadleft him with but a minir,qm gain la-f-siotrit .hwild.h._rcr.iAwrca
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In foot, it should be considered that he had to defray the expensesof the intermediaries as well as the costs caused by the transactionswhich were not successful. The petitioner denies having mu anyrelations with the German authorities with the aid of zhioh certaintransactions had been successful. And even if the investigation ofeach case should lead to the conclusion that Olian made a profit inhis transactions and that this should be considered as an illegalProfitable activity, it should still be particularly emphasized thatit is not in SwitzerlanWs interest to expell him. Olian declaredhimself willing to give-all necessary explanations and this to theauthorities of the Canton of Geneva as well as to the Swiss Govern-ment and he helped to facilitate the investigation in every way.Therefore, the expulsion was not justified end the decision cons.-quentlY should be reversed. Hence, as far as the wife of the.petitioneris concerned, no charge exists against her. She is stelae's andshould be in any case permitted to stay in Switzerland. Uoreover thedaughter of the petitioner is married in Switzerland.
v.The renaming is an excerpt from the official file of the
Departmentt
1. On December 23, 1943, Olin received from the authoriseddepartment of the Canton 3asle 7City the permit to stay temporarilyin Basle. This authorization was specially designated as temporaryby the Boise Federal Police for Aliens since Onanwes not in possess-ion of the approbation provided by Article 18, paragraph 3 of theFederal Law of the 28th March 1931 on the stay and establishment ofresidence by aliens, and article 18, paragraph 2, of the regulationunder said law.of May 5, 1933. This approbation has not been actoordedup to this day. The last regular authorization under the amiss FederalLaw on stay and establishment of residence of aliens is therefore theone granted by the Canton of Geneva.
2. In Spring 1944, the Chief of the Swise Federal Departmentof Justice and Police ordered an investigation of the activities ofOlian. The Federal authorities then contacted the authorities ofthe Canton to clear up the situation. In August 1944, Olian VIVA
questioned by the police department and made his statements orally.On September 13, 1944, the expulsion was pronounced by the Canton,Geneva and on October 12, 1945, the State Council of this Canton.
. after an additional investigation, rejected the appeal and confirmedthe first decision. After et long and detailed investigation the SwissOffice of Compensation furnished a report *Lich came to the attentionof the Swiss Federal Department of Justice and Police in hay 1946.
3. The investigation proved to be difficult. The appelantwanted to contest among other things the competence of certain agenciesin charge of the proceedings. The bank accounts cf Olian were nolonger in hie mama since 1942, but under adopted names such as *RMAPnor . !fiRKST!.. It was at that time that Olian was put on the bleci- list.
also Made false deCiiiitiens. 'ffe declared, for example, duringthe course of the questioning that he cmme to Switzerland with tvo
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millions while at another time he said it was only one million francs.At another occasion he pretended not to have made any profit at all ofa certain transaction. It MAA only after proof to the contrary waspresented that he deoided to adait that the profit was 190,000 francs.He also stated that he had not seen a certain French agent since 1941.However, it could be ascertained that he had financial affairs with saidperson in 1942 at Zurich. Remover, these relationships served not onlythe purpose of administration of °lien's fortune or the liquidation ofold business affairs, but permitted him to start new transaations. Aftervarious reports andstatements by Olian himself, the correspondent inquestion did not enjoy a good reputation.
. 4. Olianviaited frequently the bars and dancing please. There hemade the aoquainlwee of a fanner secretary to the General HeadquartersS.A. at Munich, who VUA married at Basis. Olian himself procured a tele-phone conversation for her to another secretary at the . ahove mentionedHeadquarter... He even paid for this telephone call hiMself which isallegea to have been only a conversation between friends..nothing else.lioreover, he met in Switzerland the fonner lseyer of Marshall Goring andhe had some fusions ,. traa...-lecas wit$ tinl, allegedly by request of aswiss firm.
5. In the years of 1940 to 1942, Olian tried to free asset forvarious Sides firms which were frozen in other countries and broughttheminto Switzerland. Furthermore, he was sucoessful to obtain permits forimports from France for several Seise Comsercial Firma as well as transitpermits through France to Spain. The sums which tern paid to him fromthese transactions in the form of °omissions were partly very important.Thus, he received from a single firm for services rendered in 1940, 147,4.55,—franca, for 1941. 100,000.-- francs, and for 1942, 76,543.--frams,from another transaction he received a COMMiSliell of 99,943.90 frames. Hepretends that of this amount there were only 14.000.--frenes left to himand that the rest had to be paid for °omissions and.mb-oommissioos.
In addition to the activities displayed in favor of the Swissfirms, the following is taken from the filet
In 1941, Olian bought 63 tons of frozen meat of Hungarian originfrom a Swiss firm at a price of 109,476.60 francs, presumably not satiablein Switzerland and shipped than. to ?ranee. He effected this operationfor his ova account.
According to a report considered probable by the Swim CompensationOffice, 011an had made an agreement with a Frenchman and a Swiss to procureseveral millions pesetas for German agents in Spain. It WWI agreed thatOlian would receive 40: of the profit. At the moment of the conclusionof the contract, it was not yet known for whioh purpose the Germansneeded Pesetas, and it mu only later that it was revealed that these mountswere destined for the purchase of airports. The transaction was notconoluded and the other party had to pay s. penalty of 125,000 franos,50,000 of which came to Olian.
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/) All Oer.aan ia Switssrlanu -ars curried' Quo gooier ths cuatrul of AST (A.rstolls), Stdttgt.rt. Since,Srdtisrlsnd is • houtrki . 00untry, the Clerisns huro csuintainod anostensive Latolilconoo systaa in thut country, which before theGetman -Freneh armistice was primal/m.11y diroctou Primo*. •
La the period imuodiatoly frocedin4 the outbreak or the var,most of those latullizonce activities were directed by tha Gor-au-flooncod . "Duaa frouur ELogroussee, 34es or„-AatsetIon founds,: byDr. Lancer. -ThIs society Au* an •soLunisze section under thsloador -ship of Jolumn fret, which collected inforostioa on.fro.tior defenses, -oviatUaa trainio4 and Communlot activities.
At present, the German latellicsnco or4anisation a Owits•riandlo Frillsorcualsution (kA.) eiosa hoadquartdrs ars at the G.raanIftbassy La Borns; with ssb-oclai.as Zurich, Genera, Basel. /oqUao.tausatuts anU &Gaetano. lho Irluzscr-kaisttion lc !dxu nsraal for.=dor wdoh the Aboshr saris Laanostral country. %Iv dirictorslunation Leder olplosallo or couw.lue cover. .• •
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forasttonkapitumu &04 dieLAIWOri as Consul Gemmel In Der*, a •• j•ootesthe counter-es Lou.,. suoLlonloviralont of shwahr III 111.4A
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oacupfs4 country). Iluuptzsar.n rua u=1 our Vuohlen is bellowed to b. •of espLuauoir (.b4shr I) • go Le tooheu ti the Go
Log.tion at Berne. ...Prom available Infornatica„ It appears that them,.is co sabots. •ootioa Wrath? III) in toitsorlsn‘. Tho s,loction
ta .oharzo at met.
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ir owl of tho nost offic/sut'thwohr &fries-re, who ..,1 beenI' In oh.."...17-1eo oi.uhtor-esptanece for rho iftis of Treace prior to tilt •
iAr:istloe with Chat 006U hews boa inportoot Defiserland beamsto,. the 04r-...ne tmorsuf . la who of Cis faot . tbst it books. acre
i.. than ever thw center of alit.. ‘ottriti. •
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1• *Surlott. Deb..; the °enter of: Swiss hoary industry. is part:e4ler17
*pawned with oocnomlo espionage. !ha ism prInalpal *alters thereare Cho office: at the "Alio:audit° SIsktrioltootitasssollsoha:t7.(A.Z.I.) .man tho'bsrloh 3andelokummer*. shich VSJ dIrsote4, anocrdir; to a re-port of Ootobet. I'd41, by owl papolski.
• •• The killtary Attaano al Some le responsible i'or obtalrane in-,toreetlon ott Swiss dofwases. • . -. .
' -/ha 4mb-stet/on at .Itasol ooncorns itself mostly with thecoeval •
.:;•=71;;:r......eorose the Ckmar-Swiarrrontier. Lod cluo poa.ocv of
the Itahliana are said to hare an ifffilent esplana&s iota= inleatearland, i.1ojh not nearly ao extensi-re as that of the Germano.It is untrtlled from Milan, and the winter 14 Switserland suing to
'bs the Italian Consulate at Banal. Prinotpal sub-stations arok atGeneve, Lausanne and Lugano, and usually an Italian Title Consul.ln."-
• each city is at the'dispusal at- the Italian Direator of itittitry. : Intelligenoo. The Italian Palle SeoUrity Ureic*. Which ordinarily
uses ths local Pesci* as direwr for its agents, in acme cassia also ._____ .00ntrolo the apirointeente Vino Cona..lo. •
'APP40"cled to this aandbook is i. list of forekp tilple.a.te inSwitserland inoladInd aorz.n end Italian rapreasotatling s
' as of .
the 411-of 1943. Some of the C4000 therein's", riry,froct the• mole glvegi as being Goer:G.:M.4..1,h the dlplomatic stibions in tho
grim part of the SandboOk, but.. these' dinorgensim44r: emplaine‘-• sad up to date aselvmsote.definItelr oonfirmed.'the ;Alums of the
• Endmmolusion, it may I. .aid that Saltier:land will to(4.41-Lnareastnzly iipartant:to ths Germane 04 the only neutral onaltryLa Central Kieope froa 'eltteh intellksnoe pOrk 00n be directed.,
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