RoK Prosecutor General’s Office terminates prosecution of Aliyev

RoK Prosecutor General's Office terminates prosecution of Aliyev

The Prosecutor General’s Office of Kazakhstan has received the apostilled death certificate of the businessman, former head of intelligence agencies of Kazakhstan Rakhat Aliyev who died in Austria in February, 2015. The received documents are sent to the investigating bodies for solution of the question of termination of criminal prosecution of Rakhat Aliyev due to his death, the correspondent of MIA “Kazinform” tells.

The General Prosecutor’s office tried to receive the documents to terminate criminal prosecution after the date of announcement of the death of the defendant, on February 25, 2015. An international investigative order was sent to the competent authorities of Austria. It was also requested to provide the certified death certificate, forensic medical examinations, protocols, the conclusions and other documents confirming body identification.

“In response to these requests on April 20, 2015 the Prosecutor General’s Office received only the copy of the death certificate which was not duly certified. On February 13, 2016 the Prosecutor General’s Office sent a repeated inquiry to Austria. In the answer as of June 30, 2016 the Austrian authorities reported that they could not provide the required materials because on June 18, 2015 Elnara Shorazova (the widow of Rakhat Aliyev) protested their transfer to Kazakhstan side”, – is said in the message.

Eventually the court rejected Elnara Shorazova’s petition and on November 21 2016 the Prosecutor General’s Office through diplomatic channels received the apostilled death certificate of Rakhat Aliyev and the copy of the repeated forensic medical examination of March 9, 2015 which was carried out by the Institute of Forensic Medicine of St. Gallen, Switzerland.

“This documents have been sent to the investigating bodies for the solution of the question regarding termination of criminal prosecution of Rakhat Aliyev due to his death”, – was stated by the Prosecutor General’s Office.

German forensic scientist Bernd Brinkmann also told about violent nature of the death of the businessman, former head of intelligence agencies of Kazakhstan and the ambassador of the country in Austria Rakhat Aliyev. The General Prosecutor’s Office also stated the intention to establish the circumstances and causes of Rakhat Aliyev’s death and provide all necessary legal assistance to the law enforcement agencies of Austria.

“It should be noted that earlier the Prosecutor General’s Office had repeatedly offered assistance to the Austrian side in investigation of the death of R. Aliyev. On February 25, 2015, the day when Aliyev’s death was announced, the Prosecutor General’s Office sent an official request to the Austrian authorities to admit Kazakhstan prosecutors, investigators and forensic scientists to the Austrian investigation of Aliyev’s death and provide access to the body of the dead and the right to carry out the necessary tests and dactyloscopic and genomic research. It was also proposed in the request to involve foreign judicial experts in order to ensure completeness and objectivity of investigation”.

According to the Prosecutor General’s Office, Bernd Brinkmann stated Rakhat Aliyev had been strangled, and then his suicide was dramatized during the press conference on December 12 in Vienna. It was organized by the lawyers of Elnara Shorazova.

“According to unofficial information, based on two forensic medical examinations, one of which was carried out by the independent expert in Switzerland, the Prosecutor’s Office of Vienna concluded that R. Aliyev had committed a suicide. Kazakhstan officials were not involved in investigation of the fact of the death of Rakhat Aliyev. Therefore we consider that the arguments of B. Brinkmann should be checked by competent authorities of Austria”, – is said in the message.

To remind, in the end of February, 2015 Austrian media reported that Aliyev was found dead in prison of the capital of Austria. Suicide was the first and main version of the incident.

In 2008 Rakhat Aliyev who earlier held the post of the Ambassador of Kazakhstan in Austria was sentenced in absentia in the homeland to 40 years of imprisonment for preparation for rake-over and organization of the criminal group which was engaged in kidnappings. In June, 2011 the court of Vienna refused to extradite Aliyev to Kazakhstan.

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