States with Buffer Democracies Cannot Be Trusted!

The fate of the Kazakh opposition politician M. Ablyazov depends on the French justice and citizen support of the world democratic forces.

On May 31, 2013 on Kazakh government demand, the wife and daughter of the opposition Kazakh politician Mukhtar Ablyazov were illegally deported from Italy, and brought to Astana by a private jet, registered in the Ukraine.

On July 31, 2013 it happened again, in Southern France French special units conducted a detention of Mukhtar Ablyazov himself, more than 10 years being in a political standoff to the 20-year dictatorship of N. Nazarbaev.

That is why today the attention of democratic community and people who are not indifferent to the fate of the family of М. Ablyazov, a political prisoner of the present times, is confined to the legal procedures in the south of France where Ablyazov’s case is being heard. The case requires high qualification and independence of judges to separate the political aspect of this issue and take the only adequate decision, that is to refuse from extradition to countries with façade democracy.

Kazakh civil society raises a natural question: Where does Ablyazov’s case concern the Ukraine?

At the moment of Ablyazov’s detection by a private Israeli detective agency in the territory of France hired by the Kazakh government, where he was legally residing, it turned out that the European Convention on Extradition had not been signed between Kazakhstan and France.

In this connection, Nazarbaev personally negotiates with chief executives of the neighboring states – Russian and the Ukraine, strong leaders of the world political establishment, about support in extradition of M. Ablyazov from France, since these countries have signed the European Convention on Extradition with France.

Supported by the great, Nazarbaev at the press conference with President of the Russian Federation V. Putin on July 7 of this year in Astana, after the kidnapping of Ablyazov’s wife and daughter from Italy on May 31, with the sense of superiority said to the Kazakh civil society that he was virtually invincible due to the support from the heads of the neighboring states.

So, the events unfolded as follows: Israel agents found М. Ablyazov, then Nazarbaev made an agreement with Russia and Ukraine, so that the request about М. Ablyazov’s extradition could be filed to the French government from these countries, since they had signed the agreement with France.
To have a chance, after some time, to make these states hand him over to the Kazakh government or implement another scenario of sudden death in a Ukrainian or Russian prison, like in case with S. Magnitsky. In order to better understand the political history of М. Ablyazov, let’s go back to 11 years ago.

The HUMAN RIGHTS WATСH report (April of 2004) “Political Freedoms in Kazakhstan”: may be considered as a reliable document about the political aspect of Ablyazov’s case.

Section: General

Elections of 1999:

In the past five years, political development of Kazakhstan has been characterized by the government’s attempts to “close” the political space, to make its activity get out of control of the society, and to minimize competition on the part of its major opponents from among the representatives of the political opposition within the country. The main landmarks were presidential and parliamentary elections of 1999, the government’s reaction to the accusations against President N. Nazarbaev and his immediate environment of illegal transfer of the income from oil to personal bank accounts (the so called “Kazakhgate”), as well as sanctions against a new major political movement – Democratic Choice of Kazakhstan. During the preparation to the elections of 1999, the government was trying to discredit major political opponents by bringing against them unreasonable administrative charges and closing or suspending the issue of private papers, famous for their relations with political opposition. In January of 1999 N. Nazarbaev who had been the head of the country since 1980s, was re-elected for another presidential term, and the October elections provided him with fully obedient parliament.

However, both the presidential and parliamentary elections by no means complied with the international standards. During the following months journalists, editors and opposition politicians criticizing the government were more and more often attacked and involved in politically driven criminal cases, and this tendency mainly affected those who gave publicity to the cases of corruption.

Section: Political Prisoners

From July, 2002 to January, 2003 three eminent representatives of the opposition were arrested and convicted in Kazakhstan: the co-founders of Democratic Choice of Kazakhstan М. Ablyazov (later granted pardon) and Galymzhan Zhakiyanov, as well as Sergey Duvanov – a freelance journalist and human rights activist close to Ryazan Oil Refinery. The first two could potentially seriously challenge the entrenched rule of Nazarbaev; М. Ablyazov and S. Duvanov played a prominent part in making Kazakhgate public.

Trials of all three were accompanied by serious violations and were found politically motivated by international observers.

It was the period when the Kazakh government by personal order of Nazarbaev started framing up criminal cases against their own colleagues G. Zhakiyanov – Ex-Governor of Pavlodar region, and М. Ablyazov – Ex-Minister of Energy and Natural Resources. At that time I was the mayor of Almaty, and I know this situation firsthand, by the reports of law enforcement authorities’ heads, so I know for certain what, when and to whom Nazarbaev ordered in this respect.

At that moment the attention was confined to the French embassy in Kazakhstan. For the first time in Kazakhstan a precedent was created: the Kazakh government tried to prove that G. Zhakiyanov taking refuge in the embassy building was a criminal, while the diplomats considered him to be prosecuted for his political convictions.

The French ambassador to Kazakhstan at that time was Serge Smesov, who decided not to extradite G. Zhakiyanov to the Kazakh government. At the same time he held a discussion with European diplomats concerning the next steps in this issue.

Kazakh Ministry of Foreign Affairs tried to bring pressure on the French embassy in Kazakhstan and demanded not to interfere with rendering the illegal “justice” by the Kazakh authorities. For me it was obvious that if G. Zhakiyanov left the embassy, he would be detained by National Security Committee officers and put into prison without judicial safeguards.

The President was indignant and demanded from his people to make the French embassy extradite the fugitive. They called urgent meetings of buffer parties and public Kazakh organizations established by the government, where the actions of G. Zhakiyanov were condemned in the Soviet manner. He was called a criminal by Kazakh mass media, 99% of which were owned by Dariga Nazarbaeva and Timur Kulibaev, when the investigative action was not even started. By the government order, they arranged political farce at the building of French embassy in Almaty, there were daily meeting of schoolchildren, students and workers insisting on G. Zhakiyanov extradition to law enforcement authorities. The officers of the above authorities, being out of uniform inflicted bodily harm to Zhakiyanov’s relatives and friends. His wife Karlygash Zhakiyanova and journalists and photographers of the independent broadcaster TAN were beaten and the shooting equipment was destroyed.

At that time the French ambassador to Kazakhstan Serge Smesov behaved worthily, he refused to promise anything without discussion with the government of France, his European colleagues and Ambassador of the United States of America.

After the consultations with ambassadors of England, Germany and the United States of America, Ambassador of France to Kazakhstan refused from G. Zhakiyanov’s exclusion from the embassy building, which was political will manifestation.

Only after the Minister of Foreign Affairs of Kazakhstan Е. Idrisov submitted to Serge Smesov a warranty letter stating that G. Zhakiyanov wouldn’t be arrested and prosecuted before the trial, G. Zhakiyanov was accompanied to his apartment in Almaty.

But hardly had E. Idrisov written the warranty letter, when G. Zhakiyanov was arrested, reconducted to Pavlodar, and on a trumped-up criminal charge convicted and sent to penal colony for service of term.

М. Ablyazov, also on a trumped-up charge of political actions was convicted and sent to prison where he was subjected to fiendish, medieval tortures.

So, in 2002 the attention of Kazakh people and the entire diplomatic corps accredited in Kazakhstan was confined to the position of French embassy in Kazakhstan, to which young politicians applied with the request to afford shelter against the tyranny of Kazakh government. The Embassy of France and the French Ambassador to Kazakhstan Mr. Serge Smesov in person manifested political will and made the Kazakh government understand that no one could trample human rights, and that people had the right to the freedom of speech. And only due to the guarantee liability signed by the Minister of Foreign Affairs of Kazakhstan Е. Idrisov the decision of G. Zhakiyanov leaving the French embassy building in Almaty was taken.

The Kazakh government, in violation of their obligations, trumped up criminal cases against the politicians, and in 2002 sentenced Mr. Ablyazov and Mr. G. Zhakiyanov to heavy terms of imprisonment, where they were subjected to fell tortures.

That years the Government of Kazakhstan, headed by Prime Minister К. Tokaev made several attempts which resulted in reduction in the number of political parties, movements, and about fifteen cases of political persecution were registered by international human rights organizations. Among most publicized there were criminal cases fabricated by the government against G. Zhakiyanov and M.Ablyazov being the leader of Democratic Choice of Kazakhstan movement.

By saying this I, Khrapunov Viktor, Mayor of Almaty of that time, as a person involved in the events occurred officially declare that it was all done on the direct orders of President Nazarbaev.

Now, like 11 years ago, France is in the highlight again, and not only in Kazakhstan, but in many European countries. And again there are the same persons on the part of Kazakhstan: President N. Nazarbaev, К. Tokaev, proposed to the position of Undersecretary-General of UN– Director General of the UN Office in Geneva, Secretary General for Disarmament Affairs, at the initiative of President N. Nazarbaev and with the assistance of President of Russia V.Putin, Minister of Foreign Affairs Е. Idrisov, and politician М. Ablyazov.

Now it is up to French judicial authorities to decide whether to yield consent to Ablyazov’s extradition to the Ukraine, Russia, or Kazakhstan.

I am firmly convinced that M. Ablyazov shouldn’t be extradited to any of these states. No guaranty which will be immediately issued to any of these countries should be trusted; we see that Е. Idrisov, being in 2002 the Minister of Foreign Affairs issued a warranty letter to ambassadors of the European Union and Ambassador of the United States of America to confirm that no sanctions would be applied to Zhakiyanov, which obligation was completely violated within several days.

I believe only in fair judgment of the French Court, and I can only ask not to extradite M.Ablyazov to Kazakhstan, Russia or the Ukraine irrespective of the circumstances and the guarantees they provide. The French have been always characterized by honesty, decency and the capability to reach the only true solution to a vital question, like extradition of the politician М. Ablyazov. I also rely on support of the civil society of France which has always been the cradle of democracy.