Is justice independent in France? The case of Mukhtar Applyazov

Independence justice, Mukhtar Ablyazov

The Kazakhstani businessman was persecuted for embezzlement in his country of origin Moukhtar Abliazov He now lives in France, where he was granted political refugee status. At the same time, he is the subject of an indictment by the French justice system. On April 30, 2021, it was submitted to the newspaper the world An interview in which he denounced a political gang led by the French authorities. Not without riddles and lies.

Let’s first recall the facts: between 2005 and 2009, Mukhtar Ablyazov chaired the board of directors of BTA, Kazakhstan’s third largest bank, which owns more than 70% of it. Sentenced in absentia for embezzlement of funds amounting to $ 7 billion, and since then began a long exile that saw him settle in the United Kingdom, before settling his bags in France. Meanwhile, a UK court ordered $ 4 billion in damages to the BTA, a decision that he refused to submit to. At least three countries are now demanding his extradition, in connection with this massive embezzlement.

The French justice system must now hear the Ablyazov case. Under a provision in the penal code (Article 113-8-1) that prevents persons who have committed crimes from escaping with impunity, the French authorities are in fact competent to rule the case. Applying the principle of “surrender or judge”, the French investigative judge, Cecile Mayer Fabre, who had been seized by the Attorney General’s office in Paris, decided to indict the former oligarch with charges of “severe breach of trust” and “money laundering”. trust’.

Baseless accusations against the President of the Republic

at Interview with Le MondeMr. Ablyazov accuses the French state of being behind this indictment, which gives Emmanuel Macron the desire to please the Kazakh authorities. He put forward the economic interests that would have pushed the Elysee to “remote control” in justice for his extradition. Accusations based on no concrete element, except for the letter that Kasim Jomart Tokachev addressed to his French counterpart, a letter in which he mentioned Ablyazov’s “problem”.

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Twelve years have passed since Mr. Ablyazov presented himself as a refugee who is being pursued by the authorities of his country for purely political reasons. The problem: Whoever calls himself the leader of the opposition does not seem to have official support within the opposition parties in Kazakhstan, if we want to believe their speeches on social networks. Finally, the DVK movement he created was recognized as extremist in the wake of the rebellious riots, and so was his new “Koshe partiassy” movement. Capitalizing on the sympathy that Alexei Navalny has for Vladimir Putin’s opponents (and on a certain confusion between countries from the former Soviet bloc), Applyazov easily plays the oppressed opponent’s card.

the world He tends to adopt this thesis by choosing to give it this status in the title of his article, where we can talk about a fugitive financial criminal. “Applyazov is screaming a plot against all judicial authorities who decided to try him »Identify a BTA bank attorney. «He conducted the same media campaign in Kazakhstan, Russia, UK, USA and now in France. If some thought Abliazov was credible at first, he is no longer so serious today.».

Independent justice

With regard to the law and the suspicions directed at the President of the Republic, it must be reminded of that Justice in France is independent. The Elysee was in no way able to interfere with Cecil Mayer Fabre in her decision to indict. Just as the head of state had no say in the decision taken by the National Court of Asylum (CNDA) after an initial refusal by OFPRA to grant Mr Ablyazov refugee status.

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The possibility of taking these decisions without systematically translating this into harm to the foreign businessman also proves the independence of the courts responsible for issuing rulings in both cases. In any case, there can be no contradiction between decisions that subject one of them to administrative law and the other under criminal law. Requested by the worldThe Court of Paris indicates that, The procedure follows its normal course ».

On their part, the bank’s attorneys determine this “On the subject of the accusations, it is surprising that Mr. Applyazov has nothing to say According to them, the BTA. He only hopes to recover the misappropriated money. “

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