Kazakhstan completes pre-trial investigation of embezzlement at BTA Bank
ASTANA. Feb 27 (Interfax) - The national corruption resistance bureau of Kazakhstan has completed the pre-trial investigation into a case of embezzlement at BTA Bank and announced the beginning of the examination of the case by the defendants, the press service of the agency for public service and corruption resistance says.
"An all-round full and objective pre-trial investigation was conducted. All circumstances requiring proof have been identified," the report issued on Monday says.
"Based on the collected evidence the criminal deeds of the former top management of BTA Bank - M.K. Ablyazov (chairman of the Board of Directors) located outside Kazakhstan and avoiding summons, Zh. D. Zharimbetov (chairman of the credit committee), K. A. Sadykov (director for crediting) and S. Kh. Mamesh (chairman of the managing board) - were qualified," the agency said.
Specifically Mukhtar Ablyazov is suspected of formation and leadership of a criminal community, embezzlement from BTA Bank and money-laundering, the illegal use of the bank's money and abuse of power.
"The investigation has reliably established that the embezzled funds constituted pension deposits and personal savings of citizens of Kazakhstan and loans from foreign financial institutions," the report says.
Meanwhile, the state has assumed all obligations to pay the debts of BTA Bank.
The agency said that on February 2 the national bureau in compliance with part 1 of Article 208 of the Criminal Proceedings Code notified Ablyazov of the need to appear for an interrogation on February 10 through publications in the Kazakhstani and foreign media.
Ablyazov was again summoned on February 14. He failed to appear in due time and to report the reasons obstructing his appearance, the report says.
Moreover, he did not use the right to independently invite a lawyer due to which the investigation in line with paragraph 10 of part 1 and part 3 of Article 67 of the Criminal Proceedings Code supplied him with a defense lawyer from a trade organization.
In compliance with Article 294 of the Criminal Proceedings Code, at this point all parties to the criminal process have been notified of the completion of the investigation and the beginning of the examination of its findings constituting 2,224 volumes.
After examination, the criminal case will be sent to the prosecutor's office for the approval of the indictment and for taking the defendants to court, the report says.
Ablyazov was detained by French authorities on July 31, 2013. During August 2013 Kazakhstan, Russia and Ukraine separately, independently and in compliance with the requirement of their national law filed motions for Ablyazov's extradition from France.
The French government in September 2015 resolved to extradite Ablyazov to Russia where he was to face trial on charges of embezzlement, fraud and money-laundering.
However, on December 9, 2016 the French Council of State overturned the decree of the French prime minister on Ablyazov's extradition to Russia, indicating that the extradition "had been requested for political purposes."
The Russian Prosecutor General's office said the decision made by the French Council of State not to extradite Ablyazov is unsubstantiated and violates the norms of international law.
In Russia Ablyazov is charged with the embezzlement of $5 billion.
The Kazakh authorities are accusing Ablyazov and his accomplices of stealing over $7.5 billion.