The law enforcement authorities of the Republic of Kazakhstan are carrying out the investigation of criminal cases involving the creation and management of an organized criminal group that committed theft of funds of JSC "BTA Bank" worth more than $ 5 billion, as well as legalization of crime proceeds.
Embezzlement of assets of backbone banks, in which have been invested funds of depositors, local and international lenders had led to the filing of charges to Ablyazov and on March 6, 2009 he was put on the international wanted list.
Along with this, Ablyazov M.K. is wanted by the law enforcement authorities of Russia and Ukraine.
In February 2012, the High Court of London, UK, sentenced Ablyazov M.K. to imprisonment for a term of 22 months for contempt of court, but he disappeared from the English justice system.
On July 31, 2013, the French Bureau of Interpol informed about the detention of Ablyazov M.K. in France.
National Bureau of Interpol in the Republic of Kazakhstan immediately sent an official confirmation of Investigation concerning Ablyazov to the French colleagues.
On the same day Ablyazov was taken into custody pending determination of his procedural status by the municipal court.
On August 1 the court of Aix-en-Provence authorized detention of Ablyazov to 40 days, in accordance with the criminal procedure law of France.
The court defined remaining of Ablyazov in a prison facility of Luynes before the completion of all procedures related to extradition.
On August 2 the Prosecutor General's Office of the Republic of Kazakhstan sent the request for extradition of Ablyazov.
We also know about sending to the French authorities’ confirmation of investigation and intention to seek extradition of Ablyazov from Ukrainian and Russian law enforcement authorities.
These processes are going on independent of each other, and no one has the right to interfere or influence on the decision of the competent authorities of other decisions relating to the investigation and intention to seek extradition of accused persons.
Extradition of persons suspected of committing crimes is regulated by the internal laws of the countries where they are hiding, as well as by the international agreements.
France, Russia and Ukraine are parties to the European Convention on Extradition, done Dec. 13, 1957 in Paris. The Republic of Kazakhstan is not a party of this Convention.
Currently, the French authorities, in accordance with international obligations are considering the extradition of Ablyazov to Ukraine. Legal possibility of his extradition to the Russian Federation on the basis of this Convention is also not excluded.
Article 17 of the Convention regulates the extradition of accused persons on admission requests for the extradition of several states and is required to take a decision based on the severity of the crime, the place of commission, dates of requests, citizenship and the possibility of subsequent extradition to another state. Accordingly, the final decision on extradition of Ablyazov to the particular state will depend, among other things, on the above events.
Concerning the prospects of extradition of Ablyazov to Kazakhstan it should be noted that recently there has been a positive tendency of extradition of accused persons from European countries on the basis of reciprocity, that is, even in the absence of bilateral agreements.
For example, in 2011 from Spain and Sweden to Kazakhstan were extradited one person accused of murder and one person accused of robbery, respectively.
Last year, Portugal, Romania and Bulgaria also extradited to the Republic of Kazakhstan persons accused of various crimes.
These decisions mean fledgling confidence of the international community to law enforcement and judicial system of Kazakhstan, which comply with international standards of human rights.
These and other conclusions concerning the admissibility of extradition of the accused persons to the Republic of Kazakhstan are reflected in court decisions of the European Court of Human Rights against the accused on the same as that Ablyazov criminal charges of embezzlement of funds “BTA Bank” - Anvar Dzhaksybergenov and Veronika Yefimova.
The practice of extradition on the basis of reciprocity, i.e., in the absence of treaty relations has a positive impact on the prospects for conclusion of international agreements on extradition.
In general, each year the Republic of Kazakhstan at the request of foreign states make decisions on the extradition of more than 100 persons, in turn, among 70 persons are extradited to Kazakhstan.
In this regard, the Prosecutor General’s office of the Republic of Kazakhstan will take all relevant statutory measures to extradite M.Ablyazov.
This issue is under special control of the Prosecutor General's Office.