December 13, 2024: Court Rules Against BMF on SLAPP - Final Decision Pending
A validating partial and interim decsion is issued by the Court. Sakto notes with great satisfaction that the Court has dismissed BMF's argument and held that the lawsuit is not a SLAPP. The Court has reserved its substantive decision on the individual publications and statements by BMF. No date has been set for that final ruling.
August 16, 2023: Defamation Trial in Basel Switzerland
After 4 years of litigation and the exchange of voluminous evidence and legal briefs, the trial was conducted on August 16, 2023 in Basel, Switzerland. Before a full courtroom, lawyers for both sides reviewed the evidence and presented their arguments to the panel of three judges. The proceedings attracted significant media attention.
The decision was reserved, with the Court indicating the decision would take considerable time to write.
Sakto remains confident in its position and looks forward to the final ruling.
The decision was reserved, with the Court indicating the decision would take considerable time to write.
Sakto remains confident in its position and looks forward to the final ruling.
September 2019 – August 2023: Voluminous Evidence and Arguments Filed
The defamation action proceeds in the ordinary course through the Basel Civil Court process. With the burden of proof fully on BMF, thousands of pages of evidence are filed with the court. Each party has the right to fully document and argue its case in writing.
The Canadian Court decision, as well as the Affidavit of Lukas Straumann and the transcript of his cross-examination are translated and filed with the court.
It is notable that the legal position taken by BMF turns to substantially rely on the argument that the lawsuit brought by Sakto is a strategic lawsuit against public participation “SLAPP” and should therefore be dismissed as an abuse of the courts process. Such a ruling would remove the need for the court to rule on the facts of the case. Despite the BMF aggressive push to have the case dismissed, the court scheduled a full hearing on the merits of the case before a three judge panel on August 16, 2023.
The Canadian Court decision, as well as the Affidavit of Lukas Straumann and the transcript of his cross-examination are translated and filed with the court.
It is notable that the legal position taken by BMF turns to substantially rely on the argument that the lawsuit brought by Sakto is a strategic lawsuit against public participation “SLAPP” and should therefore be dismissed as an abuse of the courts process. Such a ruling would remove the need for the court to rule on the facts of the case. Despite the BMF aggressive push to have the case dismissed, the court scheduled a full hearing on the merits of the case before a three judge panel on August 16, 2023.
September 2019: Sakto Corporation Files Full Claim and Evidence
Sakto has filed a 612-page Statement of Claim providing evidence that Bruno Manser Fonds ("BMF") and Executive Director Lukas Straumann have waged an ongoing false campaign against the company and its executives, causing severe damage to their reputation.
For years, BMF have leveled allegations of corruption and money laundering against Sakto in print, online, and in person, continuously leveraging their campaign for fundraising purposes.
Lukas Straumann admitted in Canadian court proceedings that he has no proof of any wrongdoing on the part of Sakto or its executives.
Sakto initiated Swiss court proceedings to restore its reputation and bring the attacks to an end. The company is seeking an end to BMF's unjustifiable and false campaign, and the permanent removal of the defamatory material (approximately 250 publications) from the public domain.
Sakto is also claiming from BMF the so-called "infringer’s profit" – money that BMF raised based on suspicion and conjecture throughout their lengthy campaign.
None of the numerous public authorities BMF attempted to motivate to initiate proceedings against Sakto has ever done so. The burden of proof is now on BMF.
For years, BMF have leveled allegations of corruption and money laundering against Sakto in print, online, and in person, continuously leveraging their campaign for fundraising purposes.
Lukas Straumann admitted in Canadian court proceedings that he has no proof of any wrongdoing on the part of Sakto or its executives.
Sakto initiated Swiss court proceedings to restore its reputation and bring the attacks to an end. The company is seeking an end to BMF's unjustifiable and false campaign, and the permanent removal of the defamatory material (approximately 250 publications) from the public domain.
Sakto is also claiming from BMF the so-called "infringer’s profit" – money that BMF raised based on suspicion and conjecture throughout their lengthy campaign.
None of the numerous public authorities BMF attempted to motivate to initiate proceedings against Sakto has ever done so. The burden of proof is now on BMF.
January 2019: Sakto Corporation files Injunction court proceedings
The application for injunctive relief is the first step in Sakto's legal campaign aimed at re-establishing the facts and restoring its own reputation. Sakto will pursue every legal avenue to ensure justice is done following BMF’s lengthy and defamatory campaign.
In January 2019, Sakto filed main civil court proceedings against BMF, asking the Basel Civil Court to order the removal of the defamatory material from the public domain.
As part of the main civil court proceedings, Sakto has invoked its statutory right which will oblige BMF to account for – by giving access to their financial records – the ways in which they raised money to finance their defamatory campaign. As a result, Sakto also has the legal right to claim so-called “infringer’s profit”, referring to the money that BMF raised in running their lengthy campaign based on suspicion and conjecture.
In January 2019, Sakto filed main civil court proceedings against BMF, asking the Basel Civil Court to order the removal of the defamatory material from the public domain.
As part of the main civil court proceedings, Sakto has invoked its statutory right which will oblige BMF to account for – by giving access to their financial records – the ways in which they raised money to finance their defamatory campaign. As a result, Sakto also has the legal right to claim so-called “infringer’s profit”, referring to the money that BMF raised in running their lengthy campaign based on suspicion and conjecture.
August 2018: Sakto Corporation files Application for Injunctive Relief
BMF have, for years, run a campaign against Sakto and its founders, blaming them of corruption and money laundering.
That campaign was, and continues to be, based purely on speculation and conjecture, rather than facts. None of the numerous government agencies BMF have tried to engage has ever taken action against Sakto.
When cross-examined in Court, Lukas Straumann, BMF's Executive Director, was forced to admit that BMF's allegations are based merely on hearsay and have no merits, and that he had misrepresented them vis-à-vis the Court.
By making aggressive use of social media, multiple websites, and blogs, BMF have created the impression that their allegations of corruption and money laundering are valid and widely accepted. The image BMF have created is wrong and hugely damaging to Sakto's reputation and business.
In August 2018, Sakto has now applied to the Basel Civil Court (Zivilgericht Basel-Stadt) to obtain an injunction. The injunction would seek to ordering BMF to retract the infringing content from the public domain and to refrain from repeating them.
In February 2019, the Basel Civil Court ruled that while Swiss law is applicable, an urgent injunction is not warranted, mostly due to the passage of time since the BMF campaign began. However, Sakto believes that both the factual and legal findings of the Court are incorrect and has therefore filed an appeal with the Basel Court of Appeal seeking to overturn the ruling on urgency.
That campaign was, and continues to be, based purely on speculation and conjecture, rather than facts. None of the numerous government agencies BMF have tried to engage has ever taken action against Sakto.
When cross-examined in Court, Lukas Straumann, BMF's Executive Director, was forced to admit that BMF's allegations are based merely on hearsay and have no merits, and that he had misrepresented them vis-à-vis the Court.
By making aggressive use of social media, multiple websites, and blogs, BMF have created the impression that their allegations of corruption and money laundering are valid and widely accepted. The image BMF have created is wrong and hugely damaging to Sakto's reputation and business.
In August 2018, Sakto has now applied to the Basel Civil Court (Zivilgericht Basel-Stadt) to obtain an injunction. The injunction would seek to ordering BMF to retract the infringing content from the public domain and to refrain from repeating them.
In February 2019, the Basel Civil Court ruled that while Swiss law is applicable, an urgent injunction is not warranted, mostly due to the passage of time since the BMF campaign began. However, Sakto believes that both the factual and legal findings of the Court are incorrect and has therefore filed an appeal with the Basel Court of Appeal seeking to overturn the ruling on urgency.
