A magistrate yesterday threw out the former Prime Minister of Kazakhstan’s request for the police to prosecute his political rival who sought refuge in Malta.

Akezhan Kazhegeldin, who served as Prime Minister until he resigned in October 1997 for health reasons, and his bodyguards Satzhan Ibraev and Pyotr Afanasenko are insisting that Rakhat Aliyev, who resides in Malta, should be prosecuted for “crimes against humanity”.

They accuse Mr Aliyev, who now uses his wife’s surname, Shoraz, of being responsible for the illegal detention and torture of the two bodyguards during the administration of his father-in-law, former Kazakh dictator Nursultan Nazarbayev.

Magistrate Antonio Mizzi said that, by law, Mr Kazhegeldin, Mr Ibraev and Mr Afanasenko should have filed a sworn statement about their allegations.

Furthermore, the court noted, the Police Commissioner was not empowered to institute the criminal proceedings requested because the consent of the Attorney General would be required.

The magistrate said the three men had not produced enough evidence to prove their allegation that Mr Aliyev had actually committed crimes against humanity. Although they had presented documentation to sustain their claims, they did not testify or produce witnesses, he added.

The court noted that Mr Aliyev was being accused of committing crimes between 1997 and 1999 when such offences were not listed in the Maltese Criminal Code. Thus, the request could not be sustained, the magistrate said.

Lawyer Cedric Mifsud, for the bodyguards, argued that Malta would be sending the wrong message if it failed to investigate the case.

He wondered how someone like Mr Aliyev, who was a “multi-millionaire if not a billionaire”, could reside on the island with no red flags being raised by the authorities or even the banks.