Mukhtar Ablyazov recognized a political emigre

France refused to extradite the Russian ex-banker.
Today, France's State Council annulled the decree on granting Russian the former head of BTA Bank Mukhtar Ablyazov, signed by Prime Minister Manuel Waltz in September 2015. The negative decision the supreme court said that Mr Ablyazov is pursued in the interests of Russia in Kazakhstan authorities on political grounds. It should be noted that the banker is internationally wanted for stealing $ 5 million. And in France, was taken into custody three years ago. During this time, the bank has made the return of stolen assets to them for more than $ 1 billion.

The State Council of France was the last instance, which could hinder the issuance of Mukhtar Ablyazov Russia. Earlier, his lawyers in the courts of the various French authorities unsuccessfully tried to prove that the ex-banker MIA Russia aims to supply the Kazakh authorities that he was in opposition. And in the case of his extradition from Russia can transfer just the authorities of this country. September 17, French Prime Minister Manuel Valls has signed a decree, according to which, Mukhtar Ablyazov, who was arrested in the French Alps in July 2013 still has to be sent to Russia.

Before considering the case of Mr. Ablyazov in the State Council, France's UN Special Rapporteur on Torture Nils Melzer called for this body to refrain from issuing a fugitive banker, because after extradition Russia may transfer it to Kazakhstan, and in this country it can be tortured and put in prison, the conditions in which do not meet the European requirements. Note that earlier the Russian Prosecutor General's Office provided the French authorities to special guarantees. They said that the case of Mr. Ablyazov is not related to politics and that he was not sent to Kazakhstan. The supervisor reported that prison inmate Ablyazov may visit French diplomats to monitor the conditions of detention and the non-application to it of banned interrogation methods.

However, the State Council members believe the protection of the banker and the UN Rapporteur. The decision of the State Council, which was canceled the extradition decree of the Prime Minister, said that the latest decision was made with violations. The State Council, it was found that Russia demanded to give Mr. Ablyazov to be held criminally responsible for financial crimes, namely, fraud and embezzlement of bank money. However, the State Council decided that the extradition of Mr. Ablyazov in fact sought the Kazakh authorities, since it is their political opponent. Previously, it was noted in the decision Kazakhstan was trying to catch the fugitive banker through Ukraine. Last pressurized Kazakhstan filed against Mr. Ablyazov criminal proceedings, declaring it wanted. After a request from Ukraine do not have set in motion, Kazakhstan decided to act after Russia, according to the State Council of France.

According to the French constitution, it must refuse to issue a foreigner another country if his prosecution is politically motivated. France's State Council decided that Mukhtar Ablyazov persecuted just for this motive, as one of the opposition leaders in Kazakhstan. In addition, the State Council decided that in Russia in connection with the issuance of the accused could seriously deteriorate. After examining the arguments of all sides of the case, the State Council found Mr. Ablyazov political emigrant, who in his homeland as well as in danger in Russia. In this regard, the decree on his extradition was declared illegal and canceled.

According to "Kommersant" lawyer Roman Marchenko, representing BTA Bank, Mr. Ablyazov extradition was originally sought three countries: Russia, Ukraine and Kazakhstan. Since the latter has no extradition treaty with France, Kazakhstan, was denied extradition. According to the results of the proceedings the Court of Appeal of Lyon and the French Supreme Court, it was decided to give preference to the extradition request from Russia, because in this country, Mr. Ablyazov has suffered more than in Ukraine damage. Decision of the State Council, refused to issue to appeal, he said, can not be. However, he believes the move request from Ukraine may be given today. It should be noted that the Court will soon have to decide the issue of changing the measure of restraint of Mr. Ablyazov. The latter may be released on bail. On the other hand, says the lawyer, the French Prime Minister may sign a decision on granting Ukraine Mr. Ablyazov. "The question is, what will happen faster," - said the defender.