METROPOLITAN POLICE SERVICE New Scotland Yard Broadway London SWIH OBG

Our reference: CR222/92/63 Date; 15th February 1993 Dear Mr. Jennings, A Commission Rogatoire/Letter of Judicial Assistance has been received in this office, requesting assistance in respect of legal proceedings now pending in Switzerland. I would be obliged if you could contact me to arrange a convenient appointment to discuss the matter. It would be useful if you could furnish us with a telephone number, on which you could be contacted between 10 am and 6 pm, Monday to Friday. Yours sincerely, John Warren Detective Sergeant International and Organised Crime Branch

METROPOLITAN POLICE SERVICE New Scotland Yard Broadway London SWIH OBG
Our reference: GR.22-2/93/13 Date: 24th February 1993 Mr. Vivian Gregory Simson, Dear Mr. Simson, I enclose a Commission Rogatoire/Letter of Judicial Assistance issued under the Criminal Justice (International-Co-Operation) Act 1990, by the Authorities in Switzerland. A copy of this request has already been handed to Mr. Jennings who is also mentioned therein and the legal position has been explained to him. Basically, you are invited to answer the points raised by the Swiss, but you are not under any obligation to do so. If you decide to make a response you may do so in the presence of, or subject to advice by a solicitor, if you so choose. I would be grateful if you would sign and return the receipt enclosed, and also advise me of your decision within the next two weeks. If you require further clarification of the matter,

please do not hesitate to contact either myself or my colleague, Detective Constable Bennett on the above number. Yours sincerely, John Warren Detective Sergeant

Canton of Vaud Examining Magistrate For the Canton of Vaud

To the Competent English Authorities for criminal matters Date 23 November, 1992 Our ref. CH/132/92 LETTERS ROGATORY STATEMENT OF FACTS I wish to inform you that a complaint has been lodged with me by the INTERNATIONAL OLYMPIC COMMITTEE, an association which has the status of a legal entity in Switzerland, domiciled in Lausanne, and on whose behalf Mr Juan Antonio SAMARANCH, President, Mr. Francois CARRARD, Managing Director, and Mrs. Francoise ZWEIFEL, general secretary, act and another complaint by Mr. Juan Antonio SAMARANCH personally, for libel and possibly defamation within the meaning of Articles 173 and 174 of the Swiss Penal Code. These complaints are leveled against the authors of the book entitled in English "The Lords of the Rings" and in French "Main basse sur les J.O." The book was published in London in April 1992 by Simon and Schuster and distributed in a French translation Bby Flammarion, in Paris. According to the text of the work, the authors are Messrs. Vyv SIMSON and Andrew JENNINGS.

I have exchanged correspondence with Mr. Andrew JENNINGS. Within the framework of international legal aid, notably in application of the European Convention relating to legal aid in criminal proceedings dated 20th April 1959, I would be much obliged if you would have Mr. Vyvian Gregory SIMSON and Mr. Andrew JENNINGS heard by the competent English authorities, as the accused persons, and to ask them the following questions. 1. I inform you that the INTERNATIONAL OLYMPIC

COMMITTEE and Mr Juan Antonio SAMARANCH have lodged complaints against you for attacking their honour, more precisely for defamation and libel, which are violations suppressed by Swiss law in Articles 173 and 174 of the Swiss Penal Code because of certain passages in the book "The Lords of the Rings" and its French translation "Main Basse sur les J.O." (Enclosure 1). 2. Do you admit you are the authors of the book "The Lords

of the Rings"? 3. Do you admit you are responsible for the text of this

book?

4.

Do you admit you are responsible for the text translated

into French of the same work? If not, to what extent do you estimate you were badly translated? 5. I charge you with libel, subsidiarily with defamation and

hand you the text of articles 173 and 174 of the Swiss Penal Code together with an English translation (Enclosure 2). - What have you got to say on this subject? 6. I acquaint you with articles 104, 105, 106, 107 and 109

of the Penal Procedure Code of the Canton of Vaud. by handing you the French and English texts (Enclosure 3). - What have you got to say? 7 I inform you that in application of Article 48 of the

Vaudois Penal Procedure Code, you must elect domicile with a person living in the Canton of Vaud, who will transmit to you the summons to appear and other communications which concern you. During the time that you have not given me the name and address of that person, your domicile will be deemed to have been elected at my office and you may not avail yourselves later on of a possibility by pleading default of formal services which should have been served on you. - What have you to say?

8.

I acquaint you with article 185a of the Penal Procedure

Code of the Canton of Vaud, by handing you the French and English texts (Enclosure 4). - What have you to say? 9. Have you anything else to add? I thank the competent English authorities, in advance, for their co-operation. The Cantonal Examining Magistrate Enclosures: 1/ 2/ 3/ 4/ The IOC's and Mr Juan Antonio SAMARANCHS complaints Articles 173 and 174 of the Swiss Penal Code and Extract of the Vaudois Penal Procedure Code and (104, 105, 106, 107, 109) (185a) Extract of the Vaudois Penal Procedure Code and and translation. Translation. translation translation

Translation into English of the penal complaint filed on May 26, 1992 by the IOC and its President Mr Juan Antonio Samaranch. (Page numbers refer to the French version of the book; but the English translation is mainly using the corresponding excerpts of the English version of the book) INTERNATIONAL OLYMPIC COMMITTEE Mr Juan Antonio SAMARANCH Chateau de Vidy c/o INTERNATIONAL OLYMPIC COMMITTEE 1007 LAUSANNE Monsieur le Juge d'instruction cantonal Roland CHATELAIN Rue du Valentin 34, 1014 Lausanne 26th May 1992 Mr Roland Chatelain, Investigating Judge, Due to the facts stated in the present letter, the International Olympic Committee and Mr Juan Antonio Samaranch are respectfully lodging a penal complaint by reason of a book entitled "The Lords of the Rings, Power, Money and Drugs in the modern Olympics" published in London in April 1992 by Simon & Schuster, whose writers are Messrs Vyv Simson and Andrew Jennings. This book was distributed in particular in

Switzerland in a French translation under the title "Main basse sur les J.O" by Flammarion, Paris, the authors of the translation being Anna Gibson and Jean Bonnefoy. In support of the present penal complaint, we state the following: a) Authority to act: 1. As per article 19 of the Olympic Charter, the International

Olympic Committee (hereafter "IOC") is a non-governmental international organisation, organised in the form of a nonprofit making association incorporated. The IOC has been acknowledged in this quality by Order of the Federal Counsel of September 17th, 1981. The IOC has therefore the authority to lodge this penal complaint. 2. Mr Juan Antonio Samaranch intervenes here as a plaintiff

under his title of President of the IOC and as far as needed on his own personal account where the accused book involves him personally in charging him of adopting behaviour against the honour and to hold in contempt the most elementary moral values. b) Competence of the Judge ratione loci.

3.The book of Messrs Simson and Jennings in its French translation is distributed in particular in Lausanne. Several buyers, including the IOC, could purchase a copy at the department store "Innovation" or the bookshop Payot. We file herewith an invoice dated May 26th, 1992 with respect to the purchase of 10 copies by the IOC. As per the precedents of the Swiss Supreme Court (ATF 102 IV 39 JT 1977 iv 2) material printed and published abroad falls in the competence of the Swiss Courts with respect to a penal complaint based on an offense against the honour of someone when such printed material has been distributed in Switzerland. In such a case, the Swiss Supreme Court has indeed considered that the result of the offense was hence located in Switzerland. Your competence ratione loci to open an investigation is therefore certain. c) The libel assertions of the writers of the accused book. (i) Against the IOC 4. In general terms, the book's reading leads to a particularly distasteful portrait of the IOC and of its President Mr Samaranch. The writers have indeed proceeded in a very insidious manner by small repeated "inferences" in several places of the book, using parallels or comparison of facts that

are completely unjustified and scandalous aiming at the depicting the IOC and its President Mr Samaranch in an immoral and offensive way. We shall refer to this point further in this complaint. However, the plain reading of the table of contents is edifying in this respect. 5. An unprejudiced reader would conclude from reading the

book that the IOC, referred to all along as a "Club' - which indeed it is not - is a secret, clandestine organisation, of mafia style that would not hesitate to support fraudulent misuse of funds particularly in favour of sponsors. The writers have for example characterised the IOC as a "clandestine selfish world" (P. 8), as "one of the most secretive, powerful and lucrative interlocking societies in the world" (p. 15). The authors go as far as comparing the IOC to a sport's mafia "... to enable The Club, this whole mafia within sport, to get going" (P. 69). In order to create the "climate" of the book, the writers have allowed ample room for suspicion, - at times very clearly that the IOC would indulge in plots and tricks, pay bribes, ignore its own regulations and adopt disrespectable practices, and that, by consequence, its behaviour is completely immoral. A few examples among many others are: "They had little understanding of the machinations in Lausanne" (p. 152).

"Mr Choy named a list of Olympics officials that he says have taken bribes." (p. 178). "If there could be anything more sordid in sport than the "outing" of Johnson as a long-term doper then it is the response of the IOC and the IAAF to the problem of reawarding the medals" (p. 253). "Samaranch's IOC breaks many of the accepted rules of behaviour in public life. The practice it condones during the bidding process are discreditable and the very opposite of the ideals of sport' (P. 335). 7. The authors of the book do not hesitate to compare the

attitude of the IOC, hypothesising on the IOC's alleged disinterest for the future of the Olympic Movement, to the behaviour of a third world dictatorship: "unfortunately the leadership of the IOC appears to have as much interest in addressing this question as a third world dictatorship has in free election." (p. 272). The reader inevitably draws from the book of Messrs Simson and Jennings a picture of the IOC being at the same time both a manipulating organisation and an organisation

manipulated by the power of money where everything is only a matter of cheating or pulling strings. 8. The portrait depicted of the IOC by the book's authors is

of an organisation which is mainly centered on money and whose aim is to finance, in priority, the sumptuous stays of its 93 members; the authors "forget" to specify that the members of the IOC, who are often strongly pressed to contribute either to the special commissions to which they belong or to the general meetings, carry on their activity free of charge and for the most active members, this activity draws considerable personal sacrifices in time and money. 9. While reading the book, one immediately feels that the

members of the IOC are mainly preoccupied by their own personal interests rather than by the interests of the Olympic Movement. The authors described them as: "greedy and over indulged" (p. 312). They class them as "gift grabbing" (p. 345). and even go as far as to accuse Mr Kim, member of the Executive Board of the IOC, of being a

"combination of fighter and crook' (p. 202) without hesitating to accuse him of penally reprehensible behaviour without any proof to justify such a serious and detestable incrimination. It is obvious that this offensive criticism addressed to the members of the IOC reflects the opinion of the authors on the organisation itself. It is at least the impression that the reader draws from the text as a whole. 10. The scandalous assertions of the book's writers reach their peak in the last chapter headed "Destroy the Olympics". In particular, one can read "World sport, our sport, is entitled to better treatment; these so-called Olympians should be named and then evicted from the IOC. It seems that Samaranch's policy is to keep the lid on the depravity in his precious movement." (p. 336) "The great boil of the IOC on our sporting body could be lanced in weeks if we signaled to the TOP sponsors in Barcelona that we do not approve of their dollars propping up an Olympic movement that now bears comparison with elements of Franco's Movimiento." (P. 346). and again in the following excerpt, attesting to an obvious intent to be noxious:

"As with all other Olympic Games, sessions and congresses the Paris meeting will be sponsored by commerce. Any company thinking of funding Samaranch's attempts to maintain his hegemony should be told bluntly that their products are as unsavoury as the IOC itself." (P. 348). and finally in a passage which practically serves as a conclusion to the book, the authors write: "It was not a pretty sight to watch the Olympians in Birmingham with their snouts in the overflowing trough. Much of what we saw was offensive. If we want to reclaim our sport from them, if we want to bring morality back into sport, then we need to recall our IOC members and ask them to explain what, if anything, they do for our sport." (P. 347). This vulgar comparison leaves the reader with the final image of IOC members compared to pigs, chiefly preoccupied in feeding themselves. 6 (ii) Towards Mr Juan Antonio Samaranch

Messrs Simson and Jennings, in repeating misleading statements, strive to depict Mr Samaranch as a man who. through astute lobbying, has perverted the IOC so as to

reconstruct it in his own manner an the lines of the franquist regime. Throughout the book the writers lead the reader to think that Mr Samaranch has transposed to the IOC the totalitarian principles borrowed from General Franco's regime; so, in Page 87 "Samaranch has not only re-invented himself, he has refashioned the Olympic Movement in his own style of politics." and further on "The spirit of the Europe of the Dictators that most of us believed had been destroyed appears to us to be alive and prospering in Samaranch's 'bunker' overlooking Lake Leman. A rogue survivor of that era has in our view managed to hi-jack one of our most precious and idealistic institutions." (P. 334). and then, "It seems to us that Samaranch has attempted to impose something resembling the structures of Franco's Spain upon our Olympic movement" (P. 335). The book's writers have also adopted a particularly ingenious technique consisting of describing certain atrocities perpetuated at the time of Franco to which, by adding

inferences to Mr Samaranch, they imply to the reader that Mr Samaranch could have been directly involved in the exactions committed against a population by certain franquist leaders, and even by extension that Mr Samaranch could be seen as being guilty of "war crimes'. For example, one can mention the following excerpts from a particularly pernicious mixture, which, when necessary, do not hesitate to assert completely fallacious facts: "The police opened fire, two workers were killed and twentyfive wounded. The workers were forced back into the factories and thousands arrested. For many of them, the strike had been a disaster. For Samaranch is was a great success" (p. 92). "As he prepares to make his short speech opening the Games, Samaranch can look back on his own wealthy and successful Life in Spain with pride. But his experience was unusual. Tens of thousands of his fellow Spaniards were shot, tortured or jailed by military tribunals. Why?' (P. 86).

"The assassination of Carrreo Blanco triggered a new reign of terror. Samaranch's job was to oversee the clampdown in Catalonia." (P. 106). This assertion is completely erroneous.

"Fortunately, for Samaranch the spirit of the new Spain was one of reconciliation. There would be no war crimes tribunals." (p.108) Mr Samaranch has never committed any crimes, "war" crimes or others. "The dedicated Francoist who for forty years has backed the campaign of extermination against communists in Spain, their jailing, torture and execution, turned a typical somersault. He ingratiated himself at every turn" (p. 110). 12. The unsuspicious reader could, through the insidious technique adopted by the book writers, be led to think through the portrait of Mr Samaranch that he is an omnipotent and dictatorial man, using the IOC in order to gratify his personal need for power; he is suspected of being ready to use pressure and manipulation to lead the IOC in a totalitarian and antidemocratic manner, always with this reference to a Franquism which he would have imposed on the Olympic Movement as an internal method of functioning. As an example, the following excerpts are mentioned: "The Leader selects new IOC members and imposes them on the movement; the leader knows best; the Leader's will is

carried out; the Leader appears at press conferences flanked by the banners of the movement' (P- 87). "He had learned early that a combination of censorship, bribes and favours to journalists was essential to promote his political career." (P. 97) "In the back rooms of the Spanish Olympic committee, which Samaranch had led for so many years, every old favour was called in. His lobbying worked and the Spanish NOC decided to ignore its own government and compete in Moscow. Samaranch's election bandwagon was rolling again." (p. 112113) "Fun it may be, profitable it has to be but ethical and democratic - it ain't. The indictment against the two of them is devastating. They have led the way in the auction of sport and once- pure five rings to the highest commercial bidders." (P. 332). "The very concept of open discussion and honest disagreement, which lies at the heart of any genuinely democratic organisation appears anathema to a man whose political education came entirely under the dictatorial regime of General Franco" (p. 290)

This assertion is purely unfounded and fallacious: there have never been as many discussions and open debates as under Mr Samaranch's presidency. "Samaranch does have the power to exclude potential troublemakers from decision making at the pinnacle of his Club. Ambitious IOC members who hope to succeed him would be unwise to confront him privately or publicly."" (P. 333). The excerpts of the book given above constitute only a few of the most stricking allegations uttered, regarding the repute of the IOC and the honour of Mr Samaranch. We reserve the right to draw to your attention other more specific passages of the book during the hearings that will be ordered. Naturally, the undersigned are at your disposal to confirm the content of the present complaint. We respectfully request that you hear the Director General of the IOC and Mr Samaranch. Enclosed to this complaint, we file a French and an English copy of the book of Messrs Simson and Jennings, a copy of the Olympic Charter and a copy of an invoice of May 26th, 1992. We have instructed Mr Francois Kaiser, attorney in Lausanne, and you will be kind enough to serve him all notifications.

(Regards). On Behalf of the International Olympic Committee Francois Carrard Director General Francoise Zweifel General Secretary.

Juan Antonio Samaranch, IOC President

Procedure Art.104. The accused must be provided with counsel in all cases in which the public prosecutor takes part. Besides these cases, he may be provided with counsel, even against his will, when the needs of the defence require the same, more especially for reasons concerning himself or because of the special difficulties of the case. Art. 105. The accused who has not chosen counsel and who must nevertheless be aided is provided with counsel assigned by the court. Unless he be relieved of his office (Art.109) counsel assigned by the court shall continue in office up to and including appeals to the Cantonal courts. Art. 106. Counsel assigned by the court shall be appointed by the President of the court of jurisdiction. The President shall advise counsel immediately of his appointment; he shall likewise inform the accused and, during the investigation, the Examining Magistrate. If the Examining Magistrate is still attending to the case and he considers it necessary to appoint counsel assigned by the court, he shall advise the President, who shall decide at short notice.

Art. 107. The accused, may, up to the opening of the trial request that counsel be assigned to him by the court. He shall send his request to the Examining Magistrate who shall transmit the same immediately, together with his opinion, to the President of the Court of Jurisdiction; he shall present the same directly to the President when the court is already attending to the case. The President shall decide at short notice; Art. 106, para 1 is applicable. Art. 109. The accused to whom counsel has been assigned by the court retains at all times the right to be assisted by counsel of his own choice. If the accused exercises this right, counsel assigned by the court shall be relieved of his office.

EXTRACT OF SWISS PENAL CODE Third heading: Breach of Honour. Infringements upon secrecy or upon personal affairs. Art 173. 1. Punishable Acts for Breach of Honour. Defamation 1. He who, by addressing a third party, shall have accused someone or thrown on that person the suspicion of having conduct contrary to honourable behaviour, or any other act liable to reflect on that person's reputation. He who shall have spread such an accusation or such a suspicion, Shall upon complaint, be punished by imprisonment for a maximum period of six months or a fine. 2. The accused person shall incur no penalty if he proves

that the allegations that he has made or spread are in conformity with the truth or that he had serious reasons for believing them to be true.

3.

The accused person shall not be allowed to give proof and

he shall be liable to punishment if these allegations have been made or spread without due regard to public interest or without other sufficient motives, principally, with a view to saying ill of other people, notably when they concern someone's private or family life. 4. If the author admits the falseness of his allegations and

withdraws the same, the judge may reduce the punishment or exempt the offender from any penalty. Art. 174. Defamation. 1. He who, knowing the falseness of his allegations, shall by addressing a third party, have accused someone or thrown on that person the suspicion of having conduct contrary to honourable behaviour, or of any other act liable to reflect on that person's reputation. he who shall have spread such accusations or such suspicions knowing them to be meaningless; shall, upon complaint, be punished by imprisonment or a fine. 2. The punishment shall be imprisonment for at least one

month if the slanderer has, intentionally, sought to ruin the reputation of his victim.

3.

If, before the judge the offender admits the falseness of

his allegations and withdraws them, the judge may reduce the penalty. The judge shall give the offended person official notice of this withdrawal.

EXTRACT OF THE VAUDOIS PENAL PROCEDURE CODE AN TRANSLATION 185 a "Art. 185a the parties, their near relations and members of household, their counsels, collaborators, consultants and employees thereof, as well as experts and witnesses are obliged to comply with the secrecy of the investigation towards whoever does not have access to the dossier".