French Court of Aix -en-Provence has once again postponed consideration of a request for extradition of the former head of BTA Bank Mukhtar Ablyazov Ukraine. While the court postponed the start consideration on December 12. On the same day the Court of Appeal of Aix-en - Provence will be considered a similar request from Russia .
History extradition Ablyazova began even before his arrest. At the trial of a fugitive swindler banker claimed several CIS countries. London's High Court has ruled Ablyazov in absentia and sentenced for contempt of court - 22 months. At home - in Kazakhstan - the former head of BTA Bank expects at least 13 years in prison for "the creation and management of criminal group , theft , legalization of funds obtained by criminal means , the illegal use of bank funds " and much more . Ukraine - 12 years. Similar term threatens fugitive banker in Russia, where he is accused of stealing more than $ 5 billion , bank owned , fraud, money laundering and several other crimes.
While we are talking about the possible deportation Ablyazova in Ukraine. That request this country cursory banker was arrested July 31 in the south of France. Even after his arrest, the relevant request sent to France and the General Prosecutor's Office of Kazakhstan. However , between Paris and Astana no extradition agreements , so the Kazakh side could only hope for the issuance Ablyazova . And then , in the order of submission of requests . In any case, while the court of the French town of Aix -en-Provence is talking only about the Ukrainian request. By the way, consideration of this issue was due to start in September , but was postponed . The delay is due to the fact that Ukraine, into which the issue is considered in the first place , provided all the relevant documents in French and Ukrainian languages which are not owned by Ablyazov .
Another consideration was the transfer of a part of the late submission of documents by the Ukrainian side . But these circumstances are unlikely to be able to cancel the extradition.
Legitimacy billionths claims that apply Ablyazov in three CIS states , lawyers confirmed the UK. London court without the presence Ablyazova six months ago on request Astana decided to charge him with the order of $ 3.7 billion . Also in November, the High Court of England decided to accede to the request of BTA Bank to recover from Ablyazova almost $ 400 million in compensation for the damage caused fugitive banker. The court found him the organizer of the fraudulent scheme , which resulted in the 2009 Bank lost securities for this amount . Then they were in the offshore companies registered in the British Virgin Islands and controlled by Ablyazov . These companies operated a relative of the former head of BTA Bank.
Using materials of the past processes , the London Court considered the appeal of the bank in a special manner , recognizing Mr. Ablyazov organizer of the fraudulent scheme , and its explanation - unreliable and implausible .
In October, the tribunal of the International Centre for Settlement of Investment Disputes ruled in favor of Kazakhstan and the claim made by KT Asia Investment Group BV (KT Asia), registered in the Netherlands . Arbitration proceedings were initiated in 2009 and funded by Ablyazov . Amount of the claim was $ 1.5 billion . Kazakhstan has managed to prove that KT Asia entered into a series of Ablyazov , who were used as "pockets" to move assets from one company to another . It also became clear that KT Asia bought shares in BTA Bank at a cost of seven times lower than the market by a loan from two companies - sellers , also owned by Ablyazov . Then the debt was written off and liquidated Abliyazov these two companies to get rid of debt the company KT Asia. The general damage done to manage them Ablyazov BTA bank , is not less than six billion dollars . And $ 800 million - the damage suffered by foreign banks . Hardest-hit British banks : HSBC, Standart Chartered, RBS and Barclays ( $ 500 million ) . Damage at $ 250 million suffered eight Italian banks , including Unicredit, Banca Monte dei Paschi di Siena and Mediobanca. French BNP Paribas, Societe Generale, Credit Agricole and BPCE. They estimated the damage from fraud Ablyazova 50 million . Also, the damage was done to banks Credit Suisse, Commerzbank and Wells Fargo.
This explains why such a high activity of European states in the search and trial Ablyazov . And also , perhaps, a French court decision not to release the fugitive banker from custody on bail . By the way, before the ex - head of BTA Bank Ablyazov appeal demanding an end to the case for his extradition. His lawyers argued that the evidence against their client were collected in violation of the law, and there could have been hacking of digital media with materials of the investigation directed against Ablyazov . Prosecutors in several countries not only demand that the European Themis fair evaluation of cheater banker , but also provide evidence of his full guilt. And not only him, but also accomplices in Spain and Moscow.
Considering the current situation , there is a strong likelihood that the case of the fugitive oligarch will be brought to its logical conclusion . That is, in prison.