The Federal Criminal Court of Switzerland Friday rejected an appeal by an unnamed Arab businessman to stop Japanese prosecutors from acquiring access to his bank accounts.

The Japanese authorities are conducting a criminal investigation into violations of the Companies Act and Financial Instruments and Exchange Act by Carlos Ghosn, the former CEO and Chairman of Nissan. It was alleged that Ghosn used his position to obtain illicit personal financial benefit and had transferred some his gains to the accounts held by the Arab businessman.

On December 28, 2018, Japanese authorities filed a formal request for documents relating to two bank accounts. This request was granted by the Public Prosecutor Office III of the Canton of Zurich. The unnamed Arab businessman filed an appeal against this order under article 80(h) of the Act on International Mutual Assistance in Criminal Matters (“the Act”).

The businessman contested that the request should be denied since the detention of Ghosn in Japan stands in contravention of article 2 of the Act. Specific reference was made to articles 5 and 6 of the European Convention on Human Rights, as well as articles 9 and 14 of International Covenant on Civil and Political Rights. The court rejected this argument, stating that settled case law clearly showed how the protection under article 2 cannot be claimed for a third party.

The court rejected the appeal for being unfounded on all grounds and allowed the documents to be given to the Japanese authorities.

This decision is one of the latest developments related to Ghosn. In March 2021, two American men accused of helping disgraced former Nissan executive Carlos Ghosn escape Japan in 2019 were extradited from the US. In June 2021, an American father and son duo pleaded guilty to aiding former Nissan CEO Carlos Ghosn’s escape from Japan, while he faced charges of financial misconduct.