Kh.Temuujin: I fear that N.Enkhbayar may come to harm

The following is an interview with MP and lawyer Kh.Temuujin, about the current issues surrounding N.Enkhbayar, by a correspondent of Undesnii Shuudan newspaper.

-You had mentioned that you fear Mongolian Peoples Revolutionary Party (MPRP) Chairman N.Enkhbayar will be corrupted. Why did you think so? He is being detained in custody in what is considered the most severe detention center. Why did you suddenly start to defend him? 

-N.Enkhbayar’s corruption case may not be as serious a case compared with the corruption cases of former or present authorities. N.Enkhbayar previously spoke of a person who had asked him to appoint U.Khurelsukh into a specific position. U.Khurlsukh told N.Enkhbayar that his party was in need of money to win the election. Therefore that person was appointed to the position that he wanted. Later it was revealed that this person was Kherlen, the head of the Land Management and Cadastre Division. He had accomplished his task. In other words, N.Enkhbayar made an illegal position appointment. It is unclear how much money the person who had named Kherlen paid to the party. According to the press releases he has become a millionaire. This is the person who had started all those chaotic license deal. N.Enkhbayar should act as the witness in order to reveal such operations. For instance, rather than attribute blame to N.Enkhbayar in a corruption case, I see him as the bystander who will unravel the spider web of corrupt operations. Thus, I fear that he will be harmed for standing witness. He is the eyewitness for many official position deals, numerous corruption cases and countless budget thefts. It might be safer for him to be under the supervision of the legislature rather than for him to walk free on the street. How many politicians have spoken out since N.Enkhbayar’s arrest? They fear that N.Enkhbayar will reveal their fraudulent ways. I want him to reveal the facts on these issues surrounding many people such as Ts.Nyamdorj, like he revealed Kherlen’s case. I want the court to reveal the truth instead of circulating around the word of the law. Instead of putting him in jail, it is important to unwind the corruption case that has become wound like a spiders web. 

Two years ago I told him that it would be a great contribution to Mongolian society if he wrote a corruption black book. Why don’t we establish a witness protection program? Let’s provide him with immunity for revealing information about a serious corruption case. 

-Do you know who is afraid of what N.Enkbayar will reveal?

-I see an interesting picture coming into focus. The Chairman of the Ulaanbaatar Citizen Hall, Bilegt hasn’t come back since flying overseas. He had been governor and used to work as head of the President’s Office during N.Enkhbayar’s presidency. When the corruption case and the property privatization case related with N.Enkhbayar was raised, he disappeared. 

-You saw how Police special officials took N.Enkhbayar to the detention center. The public criticized police officials for treating the person who once served as president disrespectful. What’s your view on this?

-A person who has sat at this high position should respect Mongolian laws and regulations and should recognize their moral obligations. Whether state official or common citizen, everyone must have equal rights in front of the law. There should be no exemptions, and no chance to interfere for President or Members of Parliament. Every citizen should implement the court’s decision. No one has the right to protest the court’s decision. In terms of the manner in which the operation was carried out, there were mistakes. Why did the police special forces conduct the operation with casual clothes and hoodies? In other countries besides Mongolia, police officials wear uniforms to conduct special operations. Our police are conducting their obligated operation carelessly. There are many problems in Mongolia’s legislative department. The largest dilemma is that the Minister of Justice and Home Affairs the said next morning that he didn’t know about the arrest because he was sleeping. Legislative bodies don’t have to explain to its minister about their operations, however the person who leads this sector, Ts.Nyamdorj, should be aware of what is going on. 

-The clumsiness of the operation was revealed when the special forces broke into the wrong household. 

What are your thoughts on this?

-It is one matter to arrest N.Enkhbayar due to the court resolution. It is another matter when police official make mistakes by breaking into the wrong house. Because without a court decision and prosecutor’s permission no one has the right to enter someone’s home. The mistake of the police officials prove that the police are outdated in terms of its methods and it showed that they cannot obtain proper information and cannot work in a professional manner. The arrest operation of N.Enkhbayar was an operation that carried risks. When police attended the arrest operation in casual clothes, it becomes hard to recognize who was who. What if someone had performed an act of sabotage? 

-Four MPs were present during the arrest. Police violated their power by pushing some of them under the couch. Will it be considered an invasion of indisputable rights?

-It is a big mistake if someone interrupts or tries to interrupt an obligatory operation. Let’s see it separately from N.Enkhbayar’s arrest. What if occasionally a member of parliament is present in someone’s home during an arrest for corruption and shows disrespect to the officials who are conducting the special task? It means immunity of a parliament member is being exploited by someone. Those four MPs made a complaint that their immunity was violated and delivered official letters to the Speaker. The Standing committee on Justice discussed the issue. The concept of a Parliament Member’s immunity is different. The police officials did not raid them and did not try to arrest them. If the police did, it would be an issue of immunity volation.

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