Arrest of former President Shocks nation
A reporter from TV9 interviewed the Head of the Mongolian People’s Revolutionary Party N.Enkhbayar on the morning of April 13th. During his interview, police forces were gathering outside his house, and Special Forces were preparing for his arrest.
-What do you think about the warrant for your arrest?
Firstly, they have not notified me to let me know that I am a suspect; I did not sign the notification. There is no law that allows the arrest of a person who is not a suspect.
Secondly, last night when they attempted to arrest me, they did not show me any written warrant for my arrest. No official decrees were presented.
Thirdly, they used firearms. This is policy infringement, and the arrest procedure should have stopped, but it went on throughout the night. Now they might not even allow this broadcast by TV9 to be shown, so as not to show N.Enkhbayar.
-Is the statement you made about the July 1st Incident the reason for your arrest warrant?
-The July 1st incident is one reason, but another reason is because there will be a Mongolian People’s Revolutionary Party (MPRP) group in Parliament. The elections are coming soon, the MPRP has a lot of support, and it will become the third influential party.
Look at their actions. They are trying to take down their competitors before the elections. They are blaming me for the discounted importation of Government books by MIAT. The media equipment presented to Choidamts monk, is being twisted to make it sound as if it was donated to the nation and I am keeping it for myself. They are wrongly accusing the true voice of reason and justice TV9 in the hopes of diminishing its credibility.
They are also accusing me of helping out my son’s company illegally; the company in question has nothing to do with my son. I would like tell to the Mongolian people not to be afraid, I am not afraid, but the oligarchies are afraid. The way they are using the police now, shows that they are afraid.
Participate in the elections honestly, do what you have promised, give the Oyu Tolgoi and Tavan Tolgoi profits to the nation. Stop the corruption. Solve the issue of the July 1st Incident, and the election process corruptors. They are accusing me of talking about all this. What is happening now, the police are being used. But this is not the policemen’s fault, the politicians behind them are responsible. We are fighting to fix this, no matter where they take me I will fix this. There is nothing to be afraid of.
This is the indication that Mongolia’s democracy is corrupt. Hundreds of police are involved in the arrest of a single person. Nobody is investigating the corruptions of authority, but this is how they treat the people who work for justice.
-E.Amarbat has said that you did not come when summoned…
-I told them. This is a case formed against me. I have the right to not make statements against myself, and against my children. They have a political agenda; the people behind this are Ts.Elbegdorj, D.Dorjiljav, S.Bayar, Ts.Nyamdorj, and S.Batbold.
Elbegdorj is not a democratic President; he was elected through a tampered election process in 2009. D.Dorligjav was the head of a party, Nyamdorj is an illegally appointed prosecutor, and he is full of revenge, and there is more.
S.Bayar is the person behind the July 1st Incident cover-up. Batbold is the Head of the Government, he is saying that Nyamdorj is doing everything and he doesn’t know anything.
These policemen are doing the dirty works of these five people. This is why I didn’t respond to the summons, I told them, ‘ I am sorry, I cannot go, prove that I committed the crime, and I’ll see you in court. I explained everything. If the court is honest and just, they will find the truth.’
-They used guns, when they tried to arrest you last night?
-Yes. Were they trying to shoot me, or scare me, I don’t know.
-They also violated the State Special Protection decrees.
There are decrees for the protection of people who have State Special Protection. If they want to detain me, they have to cancel the State Special Protection. I have to be protected by a bodyguard at all times. If I get detained, does that person have to be detained too, so as to protect me? Ts.Elbegdorj, D.Dorjiljav, S.Bayar, Ts.Nyamdorj, and S.Batbold are the shame of our nation.
-So a criminal case can only be made after your Special Protection is cancelled?
-Yes. This is not how they should arrest me. I am not running away. I have a right not to make statements against myself. My actions were legal, I will defend myself in court.
-You said you have information regarding the July 1st Incident. Are they trying to keep you quiet?
-Yes. I want to make the issue of the July 1st Incident open to the public. They are trying to close it down. They are trying to convict police officers that were doing what they were told.
I didn’t want the person behind the incident to slip away, that’s why I released the meeting transcripts. But it was not classified information. This was during Parliament’s open meeting. It is an essential document to know what really happened during on July 1st. I don’t want this incident to be repeat, I don’t want to live in fear. With this purpose in mind I made that statement, and they are trying to arrest me for it.
-The Head of the investigation’s department of IAAC E.Amarbat stated, If firearms are necessary, we have the right to use firearms. Was the use of firearms necessary?
-Of course not. I told them to show me the official written warrant, and they did not comply. I demanded the end of an illegal procedure. They are not trying to shut me out, but the people who work for justice and honesty behind me.
They were trying to arrest the people of Mongolia. I want to say again, let’s fight for a democratic, just, and moral country with nothing to fear, and no corruption. I am thankful that they are showing their true faces with this action.
At this moment in the interview, officers broke down the door and apprehended N. Enkhbayar
IAAC Officials insist there is no political agenda behind
the arrest of N.Enkhbayar
The Independent Authority Against Corruption (IAAC) told members of the press yesterday that they were unable to arrest former President N.Enkhbayar by themselves and needed the help of the police to complete the arrest.
The Head of the Investigations Department of IAAC, Commissioner D.Tsoodolsengee, Commissioner E.Amarbat, and Head of the Office of IAAC Ch.Unurbayar answered questions from journalists:
E.Amarbat: - The information that lead to the arrest of the former Mongolian President N.Enkhbayar was turned over by two citizens.
One was Enkhjargal, from the 4th khoroo of the Chingeltei District, who presented evidence of corruption to the State Investigation Office (SIO).
The second, named Sergelen, gave information regarding the privatization of the Ulaanbaatar Times newspaper to the Department of Economic Crimes of the State Investigation Office.
Both cases were simultaneously investigated in accordance with Criminal Law 148, section 4. The General Prosecutor’s Office combined the cases, and the joined working groups from the IAAC and SIO to work the case.
-What is the severity of the case?
In August 2007, the City Council formed the state owned Urgoo Hotel. 10 days after the formation, the Governor of Ulaanbaatar Ts.Batbayar transferred 75% of the shares worth 137 million MNT to a private company called Khar dun. B. Khuyag who is the brother of the Deputy Assistant of N.Enkhbayar, B.Tulga, owns Khar dun. He has evaded investigation and his whereabouts are still unknown.
Not long after, the Pemif Company claimed the Urgoo Hotel, worth 1.2 billion MNT, through a filing made by Batshugar who is the son of N. Enkhbayar.
The administration of the Ulaanbaatar Times was privatized, but the owners did not fulfill their responsibilities, and sold a property worth 2.1 billion MNT for 369.7 million MNT to a management team lead by Do.Chuluunbaatar invested by the Media Holdings Division of Escon, owned by N.Enkhtuya, who is N.Enkhbayar’s sister.
In 2000 when he was the head of a minority group in Parliament, N. Enkhbayar kept media equipment donated by the Japanese Buddhist community intended to spread the word of Buddha. The equipment was worth USD 113,000 and sent it instead to TV9.
Furthermore, Enkhbayar tried, with a person named J.Myagmarjargal, to commit fraud by creating a contract to supply steel from Erdenet to Helon Company Ltd and the Great Global International, located in Hong Kong. Enkhbayar himself directed the contract, which caused USD 3.3 million worth of damage to Erdenet.
-N.Enkhbayar states that he was never listed as a suspect, and that he never received request, or summons to appear before the IAAC. How many times did you send out summons?
We told him that he was a suspect and that was being summons, but he never came. Investigators sent 10 requests. The governor of his region and members of his family refused to pass the summons on to him. When we went to his home, although he was present, he refused to take it.
A suspect of a case may not be guilty, but he is obligated to respond to the summons issued by the IAAC.
-When did the Sukhbaatar District Court issue the warrant for his arrest? Can you arrest someone who is under State protection in this manner?
The Sukhbaatar District Court issued the warrant 119/S for the arrest of N.Enkhbayar on April 12th.
Investigators are obligated to do everything they can legally to solve the case. The investigation procedure was put on hold because N.Enkhbayar did not respond to the summons. All the evidence, statements, and
findings were given to the court according to the policy.
The IAAC informed the Head of the State Special Protection Office B.Batzorg about Enkhbayar’s deliberate obstruction of investigation procedures numerous times. Regretfully he did not take any cooperative action. On the contrary he used nine of his employees to further obstruct the investigations of IAAC and even used firearms.
The court’s decision to arrest him was not implemented because Enkhbayar would not let anybody inside his home near the Administration’s Academy of Khan Uul District, and his party members did not interfere with IAAC officials.
Ch.Unubayar: - The former President Enkhbayar’s full authority has ended. The Government and Parliament granted him level 3 protection. This level of protection does not make him immune to being a suspect in crimes and their investigation procedures.
-Did you meet N.Enkhbayar personally? What did you talk about?
E.Amarbat: - I warned him to be respectful of legal procedures, but he would not accept them under any circumstance.
This is why the police force was needed to carry out the court’s decision to have him arrested. I have met with him to explain the court’s decisions.
-He is being detained at the Tuv aimag Detention Center. His health is bad and his blood pressure has increased. Do you have any response to the accusation that the arrest was illegal because his human rights were violated and his property was damaged?
The suspect is to be detained for 14 days. If he is convicted than the policy states that he is to be detained for 2 months. Before a suspect or a convict is detained at detention center, they are medically examined. His examination proved that he is not suffering from health problems, high blood pressure, or physical injury.
If it is considered that his arrest violated human rights or caused property damage, his family or lawyer has the right to appeal to legal institutions.
-He claims that IAAC workers approached him with firearms while he was in his car. Why were firearms involved?
D.Tsoodolsengee: - Our workers approached him while he was in his car, and informed him of the court’s warrant for his arrest, but his bodyguard came out of the car and said, ‘I will shoot you all.’
This is why our workers drew their guns. Our officers told him, ‘To put away your gun, we have a warrant,’ and holstered their guns first. They did not cooperate, so their guns were confiscated and it was found that they were loaded. Following this incident, members of Enkhbayar’s party spread a rumor that an attempt on his life was made.
-Enkhbayar’s party members state that this is the work of the Justice and Home Affairs Minister Ts.Nyamdorj. Do you have any explanation for this? And why were the Special Forces not in their uniforms?
Deputy Head of SIO, Lieutenant Colonel P.Batbaatar: - The implementation procedure of the IAAC’s investigation was within the law. The Justice and Home Affairs Minister was not involved in this matter. 300 police personnel participated, and none of them had firearms.
D.Tsoodolsengee: - There is no political agenda behind this, and this has nothing to do with the statements and release of the transcripts of the meetings where the July 1st Incident was discussed.
T.SAINJARGAL DEFENDS USE OF FORCE IN N. ENKHBAYAR’S ARREST
The Chairman of Mongolian Peoples Revolutionary Party believe that the arrest of former President N.Enkhbayar violated the law, while officials from the General Police Department contend that the arrest was completely legal and conducted in accordance with court disposition and the resolution released by the Independent Authority Against Corruption (IAAC). The Head of the Public Relations Office of the General Police Department, Police Colonel T.Sainjargal answered questions about the arrest:
-Who made the decision to arrest N.Enkhbayar?
-Inspector and Commissioner of the Investigation Department of the IAAC N.Tamir is working on N.Enkhbayar’s case. N.Enkhbayar was suspected of corruption and was called multiple times to the IAAC for questioning. He failed to appear before the IAAC and because of this a decision was made to arrest him in accordance with Provisions 72, 74.1 and 74.5 of the Law of Criminal Procedure. Our officials conducted the arrest following the law.
-MPs D.Terbishdagva, O.Chuluunbat and Ch.Ulaan, who were present during the arrest, said that it was not necessary to use violence. Police officials forcibly carried N.Enkhbayar from his home. Why did police arrest him using such force?
-Our officers wanted to arrest N.Enkhbayar after presenting him the warrant. He refused to comply, thus there was no choice apart from taking him away using force.
-How many police officials took part in the operation?
-At around 6 am on Friday about 350 policemen and several commissioners from the IAAC arrested N.Enkhbayar and he was taken into custody in a detention center.
-When did the General Police Office receive the arrest warrant? Was it necessary to conduct the arrest during at the night?
-According to the Law of Criminal Procedure these types of arrests are forbidden at night. The law states that 10pm to 6 am is nighttime. N.Enkhbayar was taken into custody after 6 am.
-There is information that police officials threatened him at gunpoint during the arrest. Why did they make the situation worse by making threats with weapons?
-I have been officially inform that police officials did not use any firearms during the arrest procedure.
-MPRP members have stated that the civil liberties of the MPs present and N.Enkhbayar were violated. Did they file a complaint? Some of N.Enkhbayar’s property was ruined. Who will pay for the damages?
-They are free to file a complaint on behalf of those who were beaten up and injured. At the moment the MPs and other people have not filed a complaint with the police.
-Media and press outlets are reporting various versions of the event because this is the first time a former President has been arrested. Some people are reporting that N.Enkhbayar was taken into custody by a warrant from the Minister for Justice and Home Affairs and other authorities?
-I stated clearly that who issued the warrant and that these authorities did not conduct the arrest.
-How legitimate is lawyer O.Baasankhuu’s statement, “The person who is under special defense of the State shouldn’t be arrested directly. The arrest approval depends on the decision of the Government”?
-According to the law the State Special Defense Law protects a person who has served as the President of Mongolia. It is clearly indicated in the law what should be done if they are involved in a crime. We did not conduct the investigation. We carried out our duties in accordance with the law.
O.Baasankhuu: Sukhbaatar District Judge made an illegal ruling
The following is an interview with O.Baasankhuu, attorney for former President N.Enkhbayar:
-As a person who was the President of Mongolia, N.Enkhbayar should follow the law completely. The Inspector of the IAAC, N.Tamir asked N.Enkhbayar to come and meet him several times. Why didn’t N.Enkhbayar appear at the IAAC during the five months over which he was summoned?
- The IAAC began a criminal case against N.Enkhbayar’s elder son and the IAAC called N.Enkhbayar as suspect, and demanded that he testify. Any person has the right not to give evidence against his or her son, daughter, mother, father, and children. And who would l give evidence against their son if called during a groundless case?
-What official from the Sukhbaatar District Court made this decision? The press has reported that N.Enkhbayar is being investigated in connection with the Urgoo Hotel and D.Sukhbaatar Printing Factory. Is the arrest related to this case?
- Sukhbaatar District court’s judge N.Oyuntuya made the decision to arrest N.Enkhbayar. I am shocked with Oyuntuya’s decision. She maybe a lawyer, but she made an illegal ruling.
N.Enkhbayar is being charged with the misappropriation of television equipment donated from overseas that he used to found TV9 in 2000, corruption and tax evasion charges related to the importation of books written by Mr.Enkhbayar, and the privatization of a company allegedly owned by the former President's son.
WIFE OF N. ENKHBAYAR THREATHENS TO RELEASE EVIDENCE OF
2008 PARLIAMENTARY ELECTION FRAUD
O.Tsolmon, wife of detained former President N.Enkhbayar answered the following questions for Undesnii Shuudan Newspaper correspondent:
-Your husband has been taken into custody. How do you feel about that?
-As the spouse of N.Enkhbayar, I’m not afraid. As an individual, I deeply regret what has happened.
I consider that arrest of N.Enkhbayar shows the repression of these times. Our family has experienced this repression. We know what repression is like. My grand-grandfather and my grandfather suffered from repression.
A long time ago, I had a chance to study the archive of Leningrad’s Domestic Ministry and I conducted research on repression. I studied it because I am teacher of social science.
Once repression starts it operates like a meat mince machine and starts to chop like monster. It was written that repression is a phenomenon of society. I think the arrest of my husband is beginning of a time of repression. I don’t know how many lives will be destroyed by this phenomenon.
-Property in your house was ruined and damaged.
-I feel a tremendous amount of pain about one thing. When I looked outside, I thought about how badly those guys were spoiled. They seemed heartless to me, without humanity. Witnessing all of this, I am worried about our next generation.
-What do you think you will do in the future?
-I have some evidence and materials related to the fraud that occurred during the 2008 Parliamentary Election. I will release it through the media and press.
-What do you think about the warrant for your arrest?
Firstly, they have not notified me to let me know that I am a suspect; I did not sign the notification. There is no law that allows the arrest of a person who is not a suspect.
Secondly, last night when they attempted to arrest me, they did not show me any written warrant for my arrest. No official decrees were presented.
Thirdly, they used firearms. This is policy infringement, and the arrest procedure should have stopped, but it went on throughout the night. Now they might not even allow this broadcast by TV9 to be shown, so as not to show N.Enkhbayar.
-Is the statement you made about the July 1st Incident the reason for your arrest warrant?
-The July 1st incident is one reason, but another reason is because there will be a Mongolian People’s Revolutionary Party (MPRP) group in Parliament. The elections are coming soon, the MPRP has a lot of support, and it will become the third influential party.
Look at their actions. They are trying to take down their competitors before the elections. They are blaming me for the discounted importation of Government books by MIAT. The media equipment presented to Choidamts monk, is being twisted to make it sound as if it was donated to the nation and I am keeping it for myself. They are wrongly accusing the true voice of reason and justice TV9 in the hopes of diminishing its credibility.
They are also accusing me of helping out my son’s company illegally; the company in question has nothing to do with my son. I would like tell to the Mongolian people not to be afraid, I am not afraid, but the oligarchies are afraid. The way they are using the police now, shows that they are afraid.
Participate in the elections honestly, do what you have promised, give the Oyu Tolgoi and Tavan Tolgoi profits to the nation. Stop the corruption. Solve the issue of the July 1st Incident, and the election process corruptors. They are accusing me of talking about all this. What is happening now, the police are being used. But this is not the policemen’s fault, the politicians behind them are responsible. We are fighting to fix this, no matter where they take me I will fix this. There is nothing to be afraid of.
This is the indication that Mongolia’s democracy is corrupt. Hundreds of police are involved in the arrest of a single person. Nobody is investigating the corruptions of authority, but this is how they treat the people who work for justice.
-E.Amarbat has said that you did not come when summoned…
-I told them. This is a case formed against me. I have the right to not make statements against myself, and against my children. They have a political agenda; the people behind this are Ts.Elbegdorj, D.Dorjiljav, S.Bayar, Ts.Nyamdorj, and S.Batbold.
Elbegdorj is not a democratic President; he was elected through a tampered election process in 2009. D.Dorligjav was the head of a party, Nyamdorj is an illegally appointed prosecutor, and he is full of revenge, and there is more.
S.Bayar is the person behind the July 1st Incident cover-up. Batbold is the Head of the Government, he is saying that Nyamdorj is doing everything and he doesn’t know anything.
These policemen are doing the dirty works of these five people. This is why I didn’t respond to the summons, I told them, ‘ I am sorry, I cannot go, prove that I committed the crime, and I’ll see you in court. I explained everything. If the court is honest and just, they will find the truth.’
-They used guns, when they tried to arrest you last night?
-Yes. Were they trying to shoot me, or scare me, I don’t know.
-They also violated the State Special Protection decrees.
There are decrees for the protection of people who have State Special Protection. If they want to detain me, they have to cancel the State Special Protection. I have to be protected by a bodyguard at all times. If I get detained, does that person have to be detained too, so as to protect me? Ts.Elbegdorj, D.Dorjiljav, S.Bayar, Ts.Nyamdorj, and S.Batbold are the shame of our nation.
-So a criminal case can only be made after your Special Protection is cancelled?
-Yes. This is not how they should arrest me. I am not running away. I have a right not to make statements against myself. My actions were legal, I will defend myself in court.
-You said you have information regarding the July 1st Incident. Are they trying to keep you quiet?
-Yes. I want to make the issue of the July 1st Incident open to the public. They are trying to close it down. They are trying to convict police officers that were doing what they were told.
I didn’t want the person behind the incident to slip away, that’s why I released the meeting transcripts. But it was not classified information. This was during Parliament’s open meeting. It is an essential document to know what really happened during on July 1st. I don’t want this incident to be repeat, I don’t want to live in fear. With this purpose in mind I made that statement, and they are trying to arrest me for it.
-The Head of the investigation’s department of IAAC E.Amarbat stated, If firearms are necessary, we have the right to use firearms. Was the use of firearms necessary?
-Of course not. I told them to show me the official written warrant, and they did not comply. I demanded the end of an illegal procedure. They are not trying to shut me out, but the people who work for justice and honesty behind me.
They were trying to arrest the people of Mongolia. I want to say again, let’s fight for a democratic, just, and moral country with nothing to fear, and no corruption. I am thankful that they are showing their true faces with this action.
At this moment in the interview, officers broke down the door and apprehended N. Enkhbayar
IAAC Officials insist there is no political agenda behind
the arrest of N.Enkhbayar
The Independent Authority Against Corruption (IAAC) told members of the press yesterday that they were unable to arrest former President N.Enkhbayar by themselves and needed the help of the police to complete the arrest.
The Head of the Investigations Department of IAAC, Commissioner D.Tsoodolsengee, Commissioner E.Amarbat, and Head of the Office of IAAC Ch.Unurbayar answered questions from journalists:
E.Amarbat: - The information that lead to the arrest of the former Mongolian President N.Enkhbayar was turned over by two citizens.
One was Enkhjargal, from the 4th khoroo of the Chingeltei District, who presented evidence of corruption to the State Investigation Office (SIO).
The second, named Sergelen, gave information regarding the privatization of the Ulaanbaatar Times newspaper to the Department of Economic Crimes of the State Investigation Office.
Both cases were simultaneously investigated in accordance with Criminal Law 148, section 4. The General Prosecutor’s Office combined the cases, and the joined working groups from the IAAC and SIO to work the case.
-What is the severity of the case?
In August 2007, the City Council formed the state owned Urgoo Hotel. 10 days after the formation, the Governor of Ulaanbaatar Ts.Batbayar transferred 75% of the shares worth 137 million MNT to a private company called Khar dun. B. Khuyag who is the brother of the Deputy Assistant of N.Enkhbayar, B.Tulga, owns Khar dun. He has evaded investigation and his whereabouts are still unknown.
Not long after, the Pemif Company claimed the Urgoo Hotel, worth 1.2 billion MNT, through a filing made by Batshugar who is the son of N. Enkhbayar.
The administration of the Ulaanbaatar Times was privatized, but the owners did not fulfill their responsibilities, and sold a property worth 2.1 billion MNT for 369.7 million MNT to a management team lead by Do.Chuluunbaatar invested by the Media Holdings Division of Escon, owned by N.Enkhtuya, who is N.Enkhbayar’s sister.
In 2000 when he was the head of a minority group in Parliament, N. Enkhbayar kept media equipment donated by the Japanese Buddhist community intended to spread the word of Buddha. The equipment was worth USD 113,000 and sent it instead to TV9.
Furthermore, Enkhbayar tried, with a person named J.Myagmarjargal, to commit fraud by creating a contract to supply steel from Erdenet to Helon Company Ltd and the Great Global International, located in Hong Kong. Enkhbayar himself directed the contract, which caused USD 3.3 million worth of damage to Erdenet.
-N.Enkhbayar states that he was never listed as a suspect, and that he never received request, or summons to appear before the IAAC. How many times did you send out summons?
We told him that he was a suspect and that was being summons, but he never came. Investigators sent 10 requests. The governor of his region and members of his family refused to pass the summons on to him. When we went to his home, although he was present, he refused to take it.
A suspect of a case may not be guilty, but he is obligated to respond to the summons issued by the IAAC.
-When did the Sukhbaatar District Court issue the warrant for his arrest? Can you arrest someone who is under State protection in this manner?
The Sukhbaatar District Court issued the warrant 119/S for the arrest of N.Enkhbayar on April 12th.
Investigators are obligated to do everything they can legally to solve the case. The investigation procedure was put on hold because N.Enkhbayar did not respond to the summons. All the evidence, statements, and
findings were given to the court according to the policy.
The IAAC informed the Head of the State Special Protection Office B.Batzorg about Enkhbayar’s deliberate obstruction of investigation procedures numerous times. Regretfully he did not take any cooperative action. On the contrary he used nine of his employees to further obstruct the investigations of IAAC and even used firearms.
The court’s decision to arrest him was not implemented because Enkhbayar would not let anybody inside his home near the Administration’s Academy of Khan Uul District, and his party members did not interfere with IAAC officials.
Ch.Unubayar: - The former President Enkhbayar’s full authority has ended. The Government and Parliament granted him level 3 protection. This level of protection does not make him immune to being a suspect in crimes and their investigation procedures.
-Did you meet N.Enkhbayar personally? What did you talk about?
E.Amarbat: - I warned him to be respectful of legal procedures, but he would not accept them under any circumstance.
This is why the police force was needed to carry out the court’s decision to have him arrested. I have met with him to explain the court’s decisions.
-He is being detained at the Tuv aimag Detention Center. His health is bad and his blood pressure has increased. Do you have any response to the accusation that the arrest was illegal because his human rights were violated and his property was damaged?
The suspect is to be detained for 14 days. If he is convicted than the policy states that he is to be detained for 2 months. Before a suspect or a convict is detained at detention center, they are medically examined. His examination proved that he is not suffering from health problems, high blood pressure, or physical injury.
If it is considered that his arrest violated human rights or caused property damage, his family or lawyer has the right to appeal to legal institutions.
-He claims that IAAC workers approached him with firearms while he was in his car. Why were firearms involved?
D.Tsoodolsengee: - Our workers approached him while he was in his car, and informed him of the court’s warrant for his arrest, but his bodyguard came out of the car and said, ‘I will shoot you all.’
This is why our workers drew their guns. Our officers told him, ‘To put away your gun, we have a warrant,’ and holstered their guns first. They did not cooperate, so their guns were confiscated and it was found that they were loaded. Following this incident, members of Enkhbayar’s party spread a rumor that an attempt on his life was made.
-Enkhbayar’s party members state that this is the work of the Justice and Home Affairs Minister Ts.Nyamdorj. Do you have any explanation for this? And why were the Special Forces not in their uniforms?
Deputy Head of SIO, Lieutenant Colonel P.Batbaatar: - The implementation procedure of the IAAC’s investigation was within the law. The Justice and Home Affairs Minister was not involved in this matter. 300 police personnel participated, and none of them had firearms.
D.Tsoodolsengee: - There is no political agenda behind this, and this has nothing to do with the statements and release of the transcripts of the meetings where the July 1st Incident was discussed.
T.SAINJARGAL DEFENDS USE OF FORCE IN N. ENKHBAYAR’S ARREST
The Chairman of Mongolian Peoples Revolutionary Party believe that the arrest of former President N.Enkhbayar violated the law, while officials from the General Police Department contend that the arrest was completely legal and conducted in accordance with court disposition and the resolution released by the Independent Authority Against Corruption (IAAC). The Head of the Public Relations Office of the General Police Department, Police Colonel T.Sainjargal answered questions about the arrest: -Who made the decision to arrest N.Enkhbayar?
-Inspector and Commissioner of the Investigation Department of the IAAC N.Tamir is working on N.Enkhbayar’s case. N.Enkhbayar was suspected of corruption and was called multiple times to the IAAC for questioning. He failed to appear before the IAAC and because of this a decision was made to arrest him in accordance with Provisions 72, 74.1 and 74.5 of the Law of Criminal Procedure. Our officials conducted the arrest following the law.
-MPs D.Terbishdagva, O.Chuluunbat and Ch.Ulaan, who were present during the arrest, said that it was not necessary to use violence. Police officials forcibly carried N.Enkhbayar from his home. Why did police arrest him using such force?
-Our officers wanted to arrest N.Enkhbayar after presenting him the warrant. He refused to comply, thus there was no choice apart from taking him away using force.
-How many police officials took part in the operation?
-At around 6 am on Friday about 350 policemen and several commissioners from the IAAC arrested N.Enkhbayar and he was taken into custody in a detention center.
-When did the General Police Office receive the arrest warrant? Was it necessary to conduct the arrest during at the night?
-According to the Law of Criminal Procedure these types of arrests are forbidden at night. The law states that 10pm to 6 am is nighttime. N.Enkhbayar was taken into custody after 6 am.
-There is information that police officials threatened him at gunpoint during the arrest. Why did they make the situation worse by making threats with weapons?
-I have been officially inform that police officials did not use any firearms during the arrest procedure.
-MPRP members have stated that the civil liberties of the MPs present and N.Enkhbayar were violated. Did they file a complaint? Some of N.Enkhbayar’s property was ruined. Who will pay for the damages?
-They are free to file a complaint on behalf of those who were beaten up and injured. At the moment the MPs and other people have not filed a complaint with the police.
-Media and press outlets are reporting various versions of the event because this is the first time a former President has been arrested. Some people are reporting that N.Enkhbayar was taken into custody by a warrant from the Minister for Justice and Home Affairs and other authorities?
-I stated clearly that who issued the warrant and that these authorities did not conduct the arrest.
-How legitimate is lawyer O.Baasankhuu’s statement, “The person who is under special defense of the State shouldn’t be arrested directly. The arrest approval depends on the decision of the Government”?
-According to the law the State Special Defense Law protects a person who has served as the President of Mongolia. It is clearly indicated in the law what should be done if they are involved in a crime. We did not conduct the investigation. We carried out our duties in accordance with the law.
O.Baasankhuu: Sukhbaatar District Judge made an illegal ruling
The following is an interview with O.Baasankhuu, attorney for former President N.Enkhbayar: -As a person who was the President of Mongolia, N.Enkhbayar should follow the law completely. The Inspector of the IAAC, N.Tamir asked N.Enkhbayar to come and meet him several times. Why didn’t N.Enkhbayar appear at the IAAC during the five months over which he was summoned?
- The IAAC began a criminal case against N.Enkhbayar’s elder son and the IAAC called N.Enkhbayar as suspect, and demanded that he testify. Any person has the right not to give evidence against his or her son, daughter, mother, father, and children. And who would l give evidence against their son if called during a groundless case?
-What official from the Sukhbaatar District Court made this decision? The press has reported that N.Enkhbayar is being investigated in connection with the Urgoo Hotel and D.Sukhbaatar Printing Factory. Is the arrest related to this case?
- Sukhbaatar District court’s judge N.Oyuntuya made the decision to arrest N.Enkhbayar. I am shocked with Oyuntuya’s decision. She maybe a lawyer, but she made an illegal ruling.
N.Enkhbayar is being charged with the misappropriation of television equipment donated from overseas that he used to found TV9 in 2000, corruption and tax evasion charges related to the importation of books written by Mr.Enkhbayar, and the privatization of a company allegedly owned by the former President's son.
WIFE OF N. ENKHBAYAR THREATHENS TO RELEASE EVIDENCE OF
2008 PARLIAMENTARY ELECTION FRAUD
O.Tsolmon, wife of detained former President N.Enkhbayar answered the following questions for Undesnii Shuudan Newspaper correspondent: -Your husband has been taken into custody. How do you feel about that?
-As the spouse of N.Enkhbayar, I’m not afraid. As an individual, I deeply regret what has happened.
I consider that arrest of N.Enkhbayar shows the repression of these times. Our family has experienced this repression. We know what repression is like. My grand-grandfather and my grandfather suffered from repression.
A long time ago, I had a chance to study the archive of Leningrad’s Domestic Ministry and I conducted research on repression. I studied it because I am teacher of social science.
Once repression starts it operates like a meat mince machine and starts to chop like monster. It was written that repression is a phenomenon of society. I think the arrest of my husband is beginning of a time of repression. I don’t know how many lives will be destroyed by this phenomenon.
-Property in your house was ruined and damaged.
-I feel a tremendous amount of pain about one thing. When I looked outside, I thought about how badly those guys were spoiled. They seemed heartless to me, without humanity. Witnessing all of this, I am worried about our next generation.
-What do you think you will do in the future?
-I have some evidence and materials related to the fraud that occurred during the 2008 Parliamentary Election. I will release it through the media and press.
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