Investigators lost contact with Aliyev in August 2013

The deputy Attorney General told a court hearing a police challenge against the Commissioner of the Police that Kazakh exile Rakhat Aliyev was not a permanent resident in Malta when the police were asked to investigate him on accusations of torture.

Donatella Frendo Dimech told the court that had the Commissioner carried through with the investigations, he would have been in breach of the same law he is bound to uphold.

Dr Frendo Dimench was voicing her arguments in a legal challenge filed by the alleged victims of Rakhat Aliyev, the 52-year-old man who was once the son-in-law of Kazakhstan dictator Nursultan Nazarbayev.  Two former bodyguards claim they were tortured and personally beaten by Aliyev to extract a forced confession.

Dr Frendo Dimech rebutted that the prosecution had no argument on the aalleged crime itself. "That will be left to the court to decide about it." But she said the prosecution was not at liberty to take action because the prerequisites to proceed with an investigation were not there. Although they wanted to investigate the allegations, the police were legally unable to do so.

"Although Aliyev was at some time residing in Malta when the complaint was made, he only had freedom of movement because his wife was an EU citizen. If she had left Malta, then it would be revoked. There has been no permanent residence given and Aliyev left Malta in August and his family followed him a month later. It was not a whim that stopped the police from investigating but the police could not even approach him about the case". 

Frendo Dimech said the allegations that the Maltese legal authorities aided and abetted Aliyev also preplexed her. "If the authorities could have investigated this man, they would have done so without any delay."

Magistrate Aaron Bugeja listened to lawyer Cedric Mifsud, appearing for the two bodyguards - Satzhan Ibraev and Pyotr Afanasenko - arguing that the crimes allegedly committed by Alijev dealt with torture. "This differs from the previous allegations [made by the police] that he committed crimes against humanity," the lawyer said. He also said that in a prior sitting the Appeals Court did not deliver judgement but ruled it would not take cognisance of the case, based on lack of jurisdiction.

Mifsud continued that the claimants had filed their complaints in May 2013, yet they were only informed now about Aliyev's departure in August last year. The lawyer questioned why no action was taken, when the alleged torturer was handed his freedom of movement documents, valid until July. "The man legally exists in Malta and there is ample evidence which shows he is currently on the island - however it is unclear if he uses his freedom of movement to enter and exit the country at will," the lawyer said.

"Of his own free will Aliyev made press statements subjecting himself to Maltese law by challenging his victims to file civil suits against him here. His list of Maltese property is breathtaking, with property in Qui-Si-Sana, Mellieha and Fort Cambridge. Aliyev has also recently applied for Cypriot citizenship, using his address at Pender Gardens, St Julian's as his address. The majority of his properties and companies list his wife Shorazova, as the signatory," Mifsud explained.

Joseph Mizzi, Director of the Citezenship Department, said that Aliyev was registered as being married to an Austrian national and enjoyed freedom of movement. "When we joined the EU we had to adopt all legislation and this was one such law and we implemented it through Legal Notice 191/ 2007. The law allowed such persons to either be a permanent resident and benefit from the scheme related to tax, or invoke his freedom of movement rights under EU law. However you cannot have both," the Director said.

Police Inspector Raymond Aquilina confirmed to the court that police investigations revealed that Rakhat Alijev was not currently in Malta. "He is neither at any of his properties or companies, nor was he seen at the places he frequented. The police last spoke to him in May 2013."

Lawyer Joe Giglio, appearing for Aliyev, said he was accepting the notifications on behalf of his client but then stopped after losing contact with him. But he said he ruled out that he was in Malta as he was not residing in his properties and could not be found.