Kazakhstan International Bureau for Human Rights and Rule of Law (hereinafter KIBHR) believes that despite the severity of the criminal charges brought forward by Kazakhstan, Russia and Ukraine against Mukhtar Ablyazov, the decision of the French court to extradite M. Ablyazov to Russia and Ukraine, the countries where he cannot be guaranteed the right to a fair and open public hearing by a competent, independent and impartial tribunal contradicts international norms in the sphere of human rights. According to the monitoring of our Russian and Ukrainian colleagues-human rights defenders Russia and Ukraine are the countries where the courts are in the leading strings of the authorities, and are not able to make their own fair decisions. Especially, politically motivated criminal cases witness the political bias of courts. Criminal proceedings against M. Khodorkovsky and P. Lebedev in Russia and U. Tymoshenko in Ukraine are the brightest examples of it. According to the results of monitoring held by human rights organizations M. Ablyazov might be subjected to torture in these countries.
Mukhtar Ablyazov has been a political opponent of the Kazakh authorities; financed the radical opposition of Kazakhstan; supported mass media that strongly criticized the political system; provided assistance to public organizations opposing the regime. It is the main reason why M. Ablyazov is politically persecuted by the Kazakhstan authorities, which are not interested in just and fair legal proceedings towards him.
Extradition of M. Ablyazov to Russia and Ukraine does not exclude the influence of this political regime on court trial in these countries. Taking into account the close partnership of the Kazakhstan government with Russia and Ukraine as well as the mutual agreements on extradition of suspects to their own countries KIBHR:
– expresses its doubt that legal proceedings in these countries will be just and fair;
– does not exclude the possibility that the Russian and Ukrainian authorities might extradite M. Ablyazov to Kazakhstan.
In this regard, Kazakhstan International Bureau for Human Rights and Rule of Law declares that it is unacceptable to extradite Mukhtar Ablyazov to Russia or Ukraine where fair and just trial cannot be guaranteed and there is a threat that he might be extradited to Kazakhstan where he will be punished for political reasons.
January 14, 2014