Yesterday the Court of Cassation quashed the decision rendered in January extradition owner of BTA Bank Mukhtar Ablyazov. Payments banker seeking Russia and Ukraine, who accused Mr Ablyazov in the embezzlement of more than $ 5.5 billion from the Bank's depositors. Although the extradition order quashed on formal grounds, the representatives of BTA Bank and Bankers advocates solidarity, that the basis of a judicial decision - to change the international political situation around Russia.
The Court of Cassation overturned yesterday the extradition of the owner of BTA Bank Mukhtar Ablyazov and returned the consideration of this issue in the city court of Aix-en-Provence. City Court decision on extradition banker was adopted on 9 January. Then he is satisfied that the request of Ukraine and Russia, the issue of recognizing the latter country a priority banker.
As noted by "Kommersant" representatives of BTA Bank, the Court of Cassation decision is based on formal deficiencies that were identified in the judicial records. The interlocutor of "Kommersant" claim that they are minor in nature. For example, in the document related to the extradition of a banker atUkraine, there is no personal signature of Mr. Ablyazov in absentia accused of embezzling more than $ 5.5 billion in depositors of BTA Bank.
As previously repeatedly told "Kommersant", the former owner of BTA Bank was arrested by French special forces on the outskirts of Cannes on July 31 last year. Then almost a year he was hiding from justice, having run away from the UK, where he was sentenced by the High Court in London to 22 months in prison for contempt of court.
The Investigative Committee of the Interior Ministry several years investigating the large-scale theft of Russian branch of BTA Bank, which the organizer considers Mukhtar Ablyazov. According to investigators, at the direction of bad loans to companies controlled by the banker in the amount of nearly $ 5 billion were issued.
The investigation qualified actions of Mr. Ablyazov on h. 4 Art. 159 of the Criminal Code (fraud on a large scale) and Art. 174 of the Criminal Code (legalization), and then arrested him in absentia. And in 2013, Russia has already completed two of the process associated with this large-scale investigation, - the heads of the banker-controlled company "Eurasia Logistics" were found guilty of embezzling $ 700 million and sentencedfor long periods. A former co-owner of the leasing company "Business" Dmitry Pak was sentenced for theft of more than 2.5 billion rubles. of BTA.
In parallel, the Ministry of Internal Affairs of Ukraine Mr. Ablyazov in absentia impute the commission of crimes under Part. 5, Art. 191 and h. 4 Art. 190 of the Criminal Code (misappropriation, embezzlement of property or the mastery of them through abuse of office, fraud on a large scale). Ukrainian Interior Ministry also accused the banker of embezzling funds of the bank, but imputed to him the amount of damage is much less - about $ 500 million.
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Protection banker believes that yesterday's decision of cassation is political in nature and directly related to the change in the international situation around Russia and Ukraine. Thus, the lawyer, Mark Feigin, representing the interests of the banker, I am sure that the decision was made taking into account the recent developments in Ukraine. "All these factors are taken into account by the court and make the issuance of Ablyazov's virtually impossible," - he said. In addition, the lawyer stressed that now the defense will seek to change the measure of restraint of his client, as well as providing it with political UBseekers. Previously, he was granted asylum in the UK.
BTA bank in agreement with his opponent, noting that the change in the international situation may affect judicial decisions, but not in this case. "In this case, there is no policy - it is a banal theft of other people's money, for which you should answer", - stressed in the bank, noting that the London court, regarding claims of BTA Bank Mukhtar Ablyazov to, dismissed the political nature of his prosecution.
Sources "Kommersant" in the Russian Federation Prosecutor General's Office failed to promptly comment on the changes in the banker, but noted that in recent years no problem with other countries on extradition did not occur. "Accused gives even Ukraine," - said "Kommersant" source.