Agusta scandal
Encyclopedia
The Agusta scandal or the Case Agusta-Dassault was a Belgian
corruption scandal
. It resulted from the purchase of military helicopter of the Agusta A109
Agusta
-type by the Belgian Army in 1988, where Agusta and Dassault bribed various office holders. Several politician
s had to resign along the investigation into the purchase.
The investigation into the purchase was started by the investigative team looking into the 1991 assassination
of André Cools
, a Socialist Party
(PS, Parti Socialiste) politician
and former Deputy Prime Minister
, when it turned out that Cools had knowledge about the Agusta deal. An official investigation into the deal was started in January 1993, by judge Véronique Ancia, when a search warrant
was issued for Agusta and its lobbyist Georges Cywie.
In January 1994, the Belgian Senate
removed the immunity
on Minister-President of the Walloon Region Guy Spitaels
and minister
Guy Mathot, both of the Socialist Party and members of the Walloon Government.
Guy Coëme
, Deputy Prime Minister and Minister of Transportation for the Socialist Party (PS) resigned that same month. Frank Vandenbroucke, Minister of Foreign Affairs in the Federal Government
for the Socialist Party (Socialistische Partij), resigned from his post in March 1994. Willy Claes
, member of the Socialist Party
(SP, Socialistische Partij) and Secretary General of NATO
resigned on October 20, 1995.
A criminal trial was handled by the Court of Cassation
, which has competence for cases involving minister
in function. Public prosecutor was Eliane Liekendael. The Court had most of its verdicts ready on December 23, 1998. Willy Claes
was sentenced to 3-year probationary and a 5-year prohibition on running for public office. Guy Coëme
and Guy Spitaels
both got 3-year probationary and a 5-year prohibition on running for public office. Serge Dassault
, of the Dassault company, got a 18-months probationary sentence for bribing the previous mentioned people. In total, Agusta and Dassault paid more than 160 million francs (about 4 million euros) to the Parti Socialiste and Socialistische Partij.
The Parti Socialiste had to return 49 million francs in bribes, the Socialistische Partij 111 million francs. Claes, Coëme, Delanghe, Hermanus, Mangé, Puelinckx, Spitaels and Wallyn were also barred from running for political office, or working in the civil service, for five years.
to get the verdicts removed, because the Court of Cassation
in Belgium does not allow for an appeal process, which would have been in violation of the European Convention on Human Rights
.
On June 2, 2005, the ECHR judged that in the case of the two ministers, Willy Claes and Guy Coëme, both men were given a lawful trial at the Court of Cassation. The trial of the five others who applied to the ECHR, Dassault, Hermanus, Delanghe, Puelinckx and Wallyn, at the Court of Cassation, was found to have contravened the European Convention on Human Rights
, but their verdicts would stand nonetheless.
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
corruption scandal
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
. It resulted from the purchase of military helicopter of the Agusta A109
Agusta A109
The AgustaWestland AW109 is a light-weight, twin-engine, eight-seat multi-purpose helicopter built by the Anglo-Italian manufacturer AgustaWestland...
Agusta
Agusta
Agusta is an Italian helicopter manufacturer. It is based in Samarate, Northern Italy. It is a subsidiary of Finmeccanica. The company was founded by Count Giovanni Agusta in 1923, who flew his first airplane in 1907...
-type by the Belgian Army in 1988, where Agusta and Dassault bribed various office holders. Several politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
s had to resign along the investigation into the purchase.
The investigation into the purchase was started by the investigative team looking into the 1991 assassination
Assassination
To carry out an assassination is "to murder by a sudden and/or secret attack, often for political reasons." Alternatively, assassination may be defined as "the act of deliberately killing someone, especially a public figure, usually for hire or for political reasons."An assassination may be...
of André Cools
André Cools
André H.P. Cools was a Belgian socialist politician who died by assassination.-Political career:Cools had a long and distinguished political career...
, a Socialist Party
Socialist Party (francophone Belgium)
The Socialist Party is a Francophone social-democratic political party in Belgium. As of the 2010 elections, it is the second largest party in the Belgian Chamber of Representatives and the largest Francophone party...
(PS, Parti Socialiste) politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
and former Deputy Prime Minister
Deputy Prime Minister
A deputy prime minister or vice prime minister is, in some counties, a government minister who can take the position of acting prime minister when the prime minister is temporarily absent. The position is often likened to that of a vice president, but is significantly different, though both...
, when it turned out that Cools had knowledge about the Agusta deal. An official investigation into the deal was started in January 1993, by judge Véronique Ancia, when a search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
was issued for Agusta and its lobbyist Georges Cywie.
In January 1994, the Belgian Senate
Belgian Senate
The Belgian Senate is one of the two chambers of the bicameral Federal Parliament of Belgium, the other being the Chamber of Representatives. It is considered to be the "upper house" of the Federal Parliament.-History and future:...
removed the immunity
Sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
on Minister-President of the Walloon Region Guy Spitaels
Guy Spitaels
Guy G. A. Gh. Spitaels is a Belgian politician of the Socialist Party. He graduated in 1957 in political and social sciences at the Universite Catholique de Louvain ....
and minister
Minister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
Guy Mathot, both of the Socialist Party and members of the Walloon Government.
Guy Coëme
Guy Coëme
Guy Coëme is a Francophone Belgian politician for the Socialist Party .Coëme served as minister of defence in the government Martens VIII and IX. In the first cabinet Dehaene, he was promoted to deputy prime minister and served as minister of transport...
, Deputy Prime Minister and Minister of Transportation for the Socialist Party (PS) resigned that same month. Frank Vandenbroucke, Minister of Foreign Affairs in the Federal Government
Belgian federal government
The Cabinet of Belgium is the executive branch of the Belgian federal government, consisting of ministers and secretaries of state drawn from the political parties which form the governing coalition. Formally, the ministers are appointed by the King...
for the Socialist Party (Socialistische Partij), resigned from his post in March 1994. Willy Claes
Willy Claes
Willem Werner Hubert "Willy" Claes was the eighth Secretary General of NATO and a Belgian politician. He was a member of the Flemish Socialist Party....
, member of the Socialist Party
Socialist Party - Different
' is a Flemish social-democratic party in Belgium. It was formerly known as the Socialistische Partij , which in turn had branched off from the Belgian Socialist Party, itself formed by former members of the Belgian Labour Party.-1978-now:The party was the big winner in the 2003 election, running...
(SP, Socialistische Partij) and Secretary General of NATO
Secretary General of NATO
The Secretary General of the North Atlantic Treaty Organisation is the chairman of the North Atlantic Council, the supreme decision-making organisation of the defence alliance. The Secretary-General also serves as the leader of the organisation's staff and as its chief spokesman...
resigned on October 20, 1995.
A criminal trial was handled by the Court of Cassation
Court of Cassation (Belgium)
The Court of Cassation is the main court of last resort in Belgium.It was originally modelled after the French Cour de cassation. Its jurisdiction and powers are similar to those of its French counterpart....
, which has competence for cases involving minister
Minister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
in function. Public prosecutor was Eliane Liekendael. The Court had most of its verdicts ready on December 23, 1998. Willy Claes
Willy Claes
Willem Werner Hubert "Willy" Claes was the eighth Secretary General of NATO and a Belgian politician. He was a member of the Flemish Socialist Party....
was sentenced to 3-year probationary and a 5-year prohibition on running for public office. Guy Coëme
Guy Coëme
Guy Coëme is a Francophone Belgian politician for the Socialist Party .Coëme served as minister of defence in the government Martens VIII and IX. In the first cabinet Dehaene, he was promoted to deputy prime minister and served as minister of transport...
and Guy Spitaels
Guy Spitaels
Guy G. A. Gh. Spitaels is a Belgian politician of the Socialist Party. He graduated in 1957 in political and social sciences at the Universite Catholique de Louvain ....
both got 3-year probationary and a 5-year prohibition on running for public office. Serge Dassault
Serge Dassault
Serge Dassault is a French entrepreneur and conservative politician. According to Forbes magazine, he was the 96th richest person in the world, with a net worth of $9.3 billion....
, of the Dassault company, got a 18-months probationary sentence for bribing the previous mentioned people. In total, Agusta and Dassault paid more than 160 million francs (about 4 million euros) to the Parti Socialiste and Socialistische Partij.
Verdicts
| Name | Function | Party | Crime (Agusta case) | Crime (Dassault case) | Sentence | Fine (Belgian franc Belgian franc The franc was the currency of Belgium until 2002 when the euro was introduced into circulation. It was subdivided into centimes , 100 centiem or Centime .-History:... s) |
|---|---|---|---|---|---|---|
| Andre Bastien | Chief of Staff to Coëme | PS | n.a. | passive corruption forgery |
6 months probationary | 6,000 |
| Willy Claes Willy Claes Willem Werner Hubert "Willy" Claes was the eighth Secretary General of NATO and a Belgian politician. He was a member of the Flemish Socialist Party.... |
Minister of Foreing Affairs | SP | passive corruption | passive corruption | 3 years probationary | 60,000 |
| Guy Coëme Guy Coëme Guy Coëme is a Francophone Belgian politician for the Socialist Party .Coëme served as minister of defence in the government Martens VIII and IX. In the first cabinet Dehaene, he was promoted to deputy prime minister and served as minister of transport... |
Minister of Defense | PS | n.a. | passive corruption forgery |
2 years probationary | 60,000 |
| Serge Dassault Serge Dassault Serge Dassault is a French entrepreneur and conservative politician. According to Forbes magazine, he was the 96th richest person in the world, with a net worth of $9.3 billion.... |
Director Dassault Group | n.a. | n.a. | active corruption | 2 years probationary | 60,000 |
| Johan Delanghe | Chief of Staff to Claes | SP | passive corruption | passive corruption forgery |
18 months | 60,000 |
| Auguste Merry Hermanus | Chief of Staff | PS | n.a. | passive corruption | 1 year probationary | 30,000 |
| Etienne Mangé | Treasurer Socialistische Partij | SP | n.a. | n.a. | 1 year probationary | 30,000 |
| Jean-Louis Mazy | Deputy Chief of Staff to Coëme | PS | n.a. | passive corruption forgery |
6 months probationary | 6,000 |
| Alfons Puelinckx | lawyer | n.a. | passive corruption forgery |
passive corruption | 2 years incarceration | 60,000 |
| Francois Pirot | Vice-Secretary Parti Socialiste | PS | n.a. | passive corruption | 3 months probationary | 6,000 |
| Guy Spitaels Guy Spitaels Guy G. A. Gh. Spitaels is a Belgian politician of the Socialist Party. He graduated in 1957 in political and social sciences at the Universite Catholique de Louvain .... |
Chairman Parti Socialiste | PS | n.a. | passive corruption | 2 years probationary | 60,000 |
| Luc Wallyn | Secretary Parti Socialiste | PS | passive corruption forgery |
passive corruption | 2 years probationary | 60,000 |
The Parti Socialiste had to return 49 million francs in bribes, the Socialistische Partij 111 million francs. Claes, Coëme, Delanghe, Hermanus, Mangé, Puelinckx, Spitaels and Wallyn were also barred from running for political office, or working in the civil service, for five years.
European Court of Human Rights
After the verdicts were handed down, many of the convicts applied to the European Court of Human RightsEuropean Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
to get the verdicts removed, because the Court of Cassation
Court of Cassation (Belgium)
The Court of Cassation is the main court of last resort in Belgium.It was originally modelled after the French Cour de cassation. Its jurisdiction and powers are similar to those of its French counterpart....
in Belgium does not allow for an appeal process, which would have been in violation of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
.
On June 2, 2005, the ECHR judged that in the case of the two ministers, Willy Claes and Guy Coëme, both men were given a lawful trial at the Court of Cassation. The trial of the five others who applied to the ECHR, Dassault, Hermanus, Delanghe, Puelinckx and Wallyn, at the Court of Cassation, was found to have contravened the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
, but their verdicts would stand nonetheless.