15:30, 12 июня 2023, Bishkek - 24.kg news agency , Darya PODOLSKAYA
Lawyer Aleksey Eliseev called false the allegation that he was convicted within the Kumtor case by the Pervomaisky District Court of Bishkek.
He explained to 24.kg news agency that if there had been any criminal prosecution against him related to Kumtor and, moreover, any conviction had taken place, then the global settlement agreement with the Canadian company Centerra Gold dated April 4, 2022 would have been terminated. Accordingly, the ownership of Kumtor shares transferred by this agreement to Kyrgyzstan would be cancelled.
One of the preconditions for the aforementioned agreement to come into force was the absence or termination of all criminal proceedings against all current and former members of the Board of Directors of Centerra Gold, with Kyrgyzstan providing official confirmation of this, including a letter from the Prime Minister.
Aleksey Eliseev
According to him, since in 2009-2010 he was a member of the Board of Directors of Centerra Gold, this agreement could come into force only if all criminal proceedings against him were absent or terminated.
«Consequently, the fact that on July 29, 2022, the entry into force of this agreement and the transfer of Kumtor shares to Kyrgyzstan was announced means the absence or termination of all criminal cases against me, initiation or renewal of which in the future is also strictly prohibited by this agreement,» Aleksey Eliseev explained.
He noted that if in reality such a verdict against him personally had taken place, then the preconditions for the entry into force of the agreement would not have been met.
«Or the Kyrgyz authorities provided the Canadian court with false documents, including a fictitious letter from Akylbek Japarov,» the lawyer added.
He explained that in any of these cases, the entry into force of the agreement would become null and void, and the state’s rights to the Kumtor shares would become invalid.
«Watching the enthusiastic attitude of the political elite of Kyrgyzstan to this agreement and actions, it is absolutely impossible to believe that they would be ready to exchange state property in Kumtor for such a verdict. On the other hand, back in 2020, the UN Human Rights Committee decided that any criminal proceedings in absentia against me are legally impossible and illegal. Kyrgyzstan was forced to pay me financial compensation. This decision is at the stage of enforcement proceedings at the UN Special Rapporteur (follow-up procedure. — Note of 24.kg news agency). Conducting a trial in absentia against me by the Kyrgyz authorities in such a situation would have the most negative consequences for the country, including a multiple increase in compensation payments and serious problems with membership in UN institutions,» Aleksey Eliseev recalled.
According to him, the decision of the UN Committee is a public document, so no one in Kyrgyzstan can claim, even formally, that he is a fugitive from justice.
Earlier, the Pervomaisky District Court of Bishkek has already recognized the press releases by the Prosecutor General’s Office on the criminal prosecution of Aleksey Eliseev as untrue.
It became known on June 11, 2023 that the court ruled in a criminal case against the former high-ranking officials, including the fugitive president Kurmanbek Bakiyev and his son Maxim. All of them were sentenced in absentia to lengthy prison terms. Name of Aleksey Eliseev was also mentioned in the press release of the Pervomaisky District Court.