Prominent French human rights lawyer William Bourdon has confirmed that Abdul Razak Baginda has been indicted in Paris over alleged kickbacks in the sales of submarines to Malaysia. 

Bourdon, the lawyer handling the Scorpene case in Paris, said news reports about Abdul Razak, a close associate of Prime Minister Najib Abdul Razak, being indicted in France recently, were not misleading. 

“I can confirm that Abdul Razak has been indicted on July 18 for complicity in passive and active corruption, and recel d'abus de biens sociaux,” Bourdon told Malaysiakini when contacted.

The French words translate to “abuse of corporate assets" in English.

“This (the July 18 indictment) is an important step for our case,” added the lawyer, who was hired by Malaysian human rights NGO Suaram when they filed the case in France in 2009. 

Asked if Abdul Razak would have to appear in a French court to face a charge, Bourdon said: “He has to respond to the judge’s 11-page judgement”.

As to when it would happen, Bourdon declined to comment, saying that he would have to wait for precise information, which he will obtain from the judges after the summer holidays.

“An inquiry is not a charge”

On Tuesday, French wire service AFP reported that Abdul Razak had been charged in France but this was immediately disputed by the latter who said the reports were “misleading,” adding that the matter was still at the investigation stage.

"The term ‘charged’ in the context of the inquiry means placing the said individuals under ‘formal investigation’.

"The French legal process is different from the Malaysian legal process. In the Malaysian legal process a person suspected of a crime is investigated and if there is sufficient evidence, the person is charged in a court of law," his office had said in a statement. 

Malaysia's acquisition of two Scorpene-class submarines from France's DCNS, for around one billion euros, was inked in June 2002. At the time, Najib was defence minister.

The submarine purchase is currently the subject of investigations by French authorities over alleged kickbacks. 

So far, four French nationals and Abdul Razak are reportedly under probe.

Meanwhile, former Suaram director Cynthia Gabriel said she has also received confirmation from Bourdon that Abdul Razak was indeed indicted on July 18.

Bourdon’s office is obtaining the 11-page judgment from magistrate Roger le Loire as soon as he comes back from summer holidays, she added.

“An investigating magistrate has the powers to also prosecute in the French two tier legal system,” noted Gabriel, who is now the director for corruption watchdog Center to Combat Corruption and Cronyism (C4).

“So there should not be any confusion as to the indictment of Abdul Razak,” added Gabriel.

Our greatest fear

Gabriel said the indictment of Abdul Razak has confirmed “our greatest fears” that grand corruption involving millions of dollars had indeed taken place in the case.

It has moved the inquiry at the French tribunal to a new level that requires immediate and urgent cooperation by the Malaysian government, she added.

Malaysia needs to fulfil its obligations under the United Nations Convention Against Corruption to cooperate with France to resolve this case and bring the corrupt offenders to book, she stressed.

“It is no longer tenable for the Malaysian government to dismiss the Scorpene deal as above-board and keep silent on the transgressions that have taken place. The culprits must answer to the people,” Gabriel said.