Mandate

The Commission determined that they shall:

1. Investigate the use of criminal legal processes by the Republic of Kazakhstan against Mr Zhanbolat Mamay and where relevant other political opponents and opposition politicians.

2. Insofar as relevant to the use of the criminal legal processes by the Republic of Kazakhstan against political opponents and opposition politicians in the course of the January 2022 demonstrations, consider material collected and provided to the Commission by NGOs, official investigators and others which provide evidence or information on alleged violations and abuses of domestic and international law, including:

   a) the events that led to the death of hundreds of individuals during the January 2022 demonstrations;

   b) allegations of torture and ill treatment of people detained in relation to the January 2022 demonstrations;

   c) allegations of suppression of political opponents and opposition groups in Kazakhstan;

3. Establish the facts and circumstances of any such potential violations and abuses of domestic and international law, and of any potential crimes perpetrated (whether against domestic or international law);

4. Collect, consolidate and analyse evidence of such potential violations and abuses and of potential crimes perpetrated, and systematically record and preserve all information, documentation and evidence, including interviews, witness testimony and forensic material, in accordance with international law standards, in order to maximize the possibility of its admissibility in legal proceedings;

5. Document and verify relevant information and evidence, including through field engagement and by cooperating with judicial and other entities, as appropriate;

6. Identify, where possible, those responsible, with a view to ensuring that perpetrators of violations are held accountable;

7. Identify any relevant accountability measures which may be adopted against those responsible for such potential violations, abuses or crimes, including:

   a) Measures ensuring legal accountability, including individual criminal and command responsibility, for such potential violations, abuses or crimes;

   b) Measures to seize or restrict access to assets of those who have carried out potential human rights violations; and

   c) Measures which may be taken by third States, financial institutions, and international legal political institutions to ensure respect for international law in Kazakhstan.

The Commission will report on its findings in a written report.

The members of the Commission are:

• Lord Macdonald of River Glaven KC – Chair (HoL - Crossbench)

• Rt Hon Andrew Mitchell MP (HoC - Conservative)

• Rushanara Ali MP (HoC - Labour)

Counsel to the Commission is:

• Tim James-Matthews – Matrix Chambers

The Commission will be supported by Bindmans LLP acting as secretariat comprising the necessary expertise for the implementation of the mandate, including professional investigators and legal analysts. The commission of inquiry will gather information from a wide variety of sources, including through travel to the region to meet with witnesses and victims.