In the autumn of 2022, British law firm Bindmans LLP made an announcement regarding the formation of a “commission” comprising United Kingdom (UK) parliamentarians, aimed at investigating the treatment of individuals identified as “political opponents” in the Republic of Kazakhstan. While initially highlighted as a “UK Investigation”” by the Guardian, it has come to light that this project is a commercial endeavor managed by Bindmans LLP and supported by undisclosed client (or clients) of the firm.
Four UK Members of Parliament (MPs) – Rushanara Ali, Sir Robert Buckland, Lord Macdonald, and Andrew Mitchell – have publicly acknowledged their involvement in this project. The UK embassy in Astana has officially distanced itself from the commission, leading Kazakhstan’s authorities to similarly disassociate themselves from what appears to be a commercial initiative.
During a press conference on January 20, 2023, Tayab Ali, the secretary of the project, was asked about the identity of the project’s funder. While he did not disclose a name, he also refrained from openly dismissing indications from journalists that the funder may be a Politically Exposed Person (PEP).
This lack of transparency by the firm has contributed to public discourse regarding the influence of kleptocrats associated with Kazakhstan’s former president, Nazarbayev, and his “Old Kazakhstan” network. Some speculate that these powerful figures seek to protect their ill-gotten wealth by circumventing international legal processes through the involvement of foreign officials, in this case, UK parliamentarians, who may unwittingly serve as instruments of such influence.
A review of UK government records indicates that one of Bindmans’ clients is Bergey Ryskaliev, a Kazakhstani criminal fugitive. Ryskaliev, the former governor of Kazakhstan’s Atyrau region, fled to London following allegations of embezzling state funds worth hundreds of millions of US dollars. In Kazakhstan, he has been sentenced in absentia to 17 years in prison for leading an organized crime group.
Guido Fawkes, a British political website, has reported that Bergey Ryskaliev is allegedly connected to the commission and raises the question, “Is [Ali] Rushanara receiving funds from kleptocrats?”
If Ryskaliev is indeed proven to be the sponsor behind Bindmans’ investigation on Kazakhstan, one could assume the so-called commission’s real mandate is to serve his interests rather than those of “the citizens of Kazakhstan,” as Bindmans’ mission statement loftily purports. Ryskaliev could influence the report’s findings by controlling the project’s secretariat responsible for selecting and paying the commission members as well as those drafting the investigatory report. A harshly critical piece could serve as leverage for Ryskaliev over Kazakhstan’s government as he can threaten to share the likely unflattering findings with the world.
While there is no definitive proof that Ryskaliyev is indeed funding the Bindmans project, if true, this would not be the first time he attempted to weaponize his influence in other states to override Kazakhstan’s domestic judicial process. In 2019, he paid the Russia-linked lobbyist Lanny Wiles $135,000 to promote his case to U.S. Congress in a series of events that led Republican Representative Duncan Hunter from California (charged with multiple felonies related to misusing campaign funds) to submit a statement into Congressional Record decrying alleged human rights abuses by Kazakhstan’s government and calling for the State Department to review Ryskaliyev’s case. Ryskaliev has unsuccessfully attempted to present himself as a persecuted political opposition leader by forming an opposition group called Jana Qazaqstan in 2022 and arguing that the charges against him are politically motivated.
In June of 2020, Kazakhstan’s Prosecutor General overturned the country’s Supreme Court decision and obtained the return of previously state-confiscated assets worth tens of millions of US dollars to affiliates of Ryskaliyev’s criminal organization. However, the 2020 decision to return assets was widely criticized and even mentioned in the US Department of State’s 2020 Report on Human Rights as an example of corruption in Kazakhstan’s trial processes.
It is important to note that Kazakhstan’s commitment to combating corruption has witnessed significant improvements under the leadership of President Kassym Jomart Tokayev, who secured re-election in November 2022 by championing the vision of a “New and Just Kazakhstan.” President Tokayev has consistently pledged to hold kleptocrats accountable and eradicate corruption, and he has demonstrated this commitment by successfully recovering billions of stolen US dollars. Nevertheless, it is evident that Kazakhstani oligarchs, particularly those residing in the UK and elsewhere with substantial ill-gotten wealth, hold a vested interest in undermining the authority and governance of the new president. It is worth mentioning that Ryskaliev himself is presently under investigation by Kazakhstan’s Anti-Corruption Service, reportedly taking refuge in the UK.
To dispel any lingering doubts or suspicions, Bindmans could proactively declare that the client supporting their recent Kazakhstan project is neither Ryskaliev nor any other Politically Exposed Person, nor an individual facing outstanding criminal charges in Kazakhstan. In the absence of such a declaration, there remains a possibility that the financier behind this endeavor is a kleptocrat with personal motivations against the government in Kazakhstan. In such a scenario, the commission could potentially be seen as an instance of commercialization of human rights advocacy.
To address hypothetical suspicions, Bindmans could provide a clear statement that the funder behind their Kazakhstan project is neither Ryskaliev nor another individual classified as a Politically Exposed Person or facing criminal charges in Kazakhstan. Without clarifications, concerns could persist that the commission could be exploited as a means for a kleptocrat to advance personal interests under the guise of defending human rights.
