related stories: Gundalai is arrested... and Gundalai is released... and photos

by Oyungerel Ts, Liberty Center
Date: July 26, 2003 Ulaanbaatar, Mongolia

UPDATE: Gundalai says it was Nyamdorj's job

After being released from the detention center Mr.Gundalai told journalists that he thought the arrest was Minister Nyamdorj's job. His statement was not just about Mr.Nyamdorj Ts., an MP and the Minister of Justice and Internal Affairs, was responsible for the policy of Police organizations. He meant that Mr.Nyamdorj wanted to jail Gundalai for his self interest because he and Mr.Gundalai were in certain conflicts.

Police accused Gundalai for violation of the state border

The Status 13.1 of the Law on the Status of the Member of the Parliament says that "Resignation, suspension, or impeachment of Member of Parliament may be decided only on the Floor of the Parliament. Suspension vote to occur under three circumstances: 1) arrested at scene of crime where there is substantial evidence of guilt; 2) suspected of crime and police obtains the approval of Parliament for the arrest; or 3) charged with crime. Impeachment vote to occur if actually convicted of the crime.". According to the Law, no MP shall be arrested if only he was arrested at scene of crime where there is substantial evidence of guilt.

According to Gundalai, when he along with his wife came at the Buyant Ukhaa airport passport control around 12 o'clock of July 24, 2003 and gave his passport to the Passport Control officer, he was told that he was not allowed to cross the border. He was surprised and asked why somebody issued such illegal decision while no immunity issue was discussed by the parliament. Then the Passport Control Officer showed him from distance a piece of paper with a decision which Gundalai did not read as it was not given to his hand t read it. Gundalai told the officer that any decision on touching his immunity or diplomatic privilege must be illegal while there was no Parliamentary decision. Then the Passport Control officer returned Gundalai's passport and said that he was implementing the order from above and would not put a stamp on his passport. Gundalai then took his passport and went to the airplane of Korean airline.

"I had phoned to Parliamentary chairmen for almost one hour while in was inside the airplane, but no one was in town except Mr.Lundeejantsan, the Chairman of the Standing Committee on Foreign Relations and Security. He did not know anything about lifting my privilege to travel" told Gundalai.

According to the interviews given by the State Investigation Office, police was called by the Border Control Officers when Gundalai walked to the airplane. Mr.Buyan-Ulzii, a police officer, along with two young police officers went to the airplane and brought Gundalai by force "because he violated the state border and he was caught on the scene of a crime". "We also caught Gundalai when he tried to escape from investigation" two officials said by the National TV on the day of the arrest.

After Gundalai was arrested as described in our first alert on this case issued on July 24, 2003, the Secretariat of the State Great Hural demanded an official explanation from the State Investigation Office which was delivered to the Secretariat later on the same day.

Meanwhile, there was a wide public dispute whether Gundalai violated the border, and whether Police ID is a valid documentation to cross the border, and whether Gundalai has fallen in a prepared in advance trap.

Mr.Narangerel, Gundalai's attorney, wrote a letter to the General Prosecutor stating that Gundalai has not broken any statement of the Law on State Border and Law on the Diplomatic Privilege where there were concrete descriptions of what shall be considered as the violation of the State Border.

" I did no crime. I am sure I have all my immunity and privilege and police action was illegal" said Gundalai yesterday.

Investigation delay might have angered the Police

Another argument raised by Police against Gundalai was that the latter "did try to escape from investigation" according to Mr.Buyan-Ulzii, a police officer, who took an urgent action to arrest Gundalai. While mentioning about the investigation, Buyan-Ulzii, a file holder of a criminal case, , meant that Gundalai was accused of a crime "libel someone in connection with a felony".

A criminal case was filed against Gundalai following the complaint of Mr.Nyamdorj, the Minister of Justice and Internal Affairs and an MP elected as a MPRP candidate for the fourth time. Mr. Ts. Nyamdorj is a lawyer by profession and is one of few parliamentarians elected for the most times. He complained that Mr.Gundalai, while talking at a press conference, libeled him in connection with a felony "to commit treason". And in his open letter he urged the legal bodies to act immediately to investigate Gundalai for libeling him.

On the other hand, Gundalai was not hurry to give testimony until today. In order to urgently have testimony from Gundalai, the State Investigation Office has sent Mr. Buyan-Ulzii to Khuvsgul province during Gundalai's month-long work in his constituency, but the officer arrived without success. The arrest had happened when Gundalai arrived from Khuvsgul and then headed to abroad in two days.

Before leaving for his constituency on July 1, 2003, Gundalai wrote a letter to the Minister of Justice and Internal Affairs, and advised him to voluntarily resign from his position because he had private complaint to open a criminal case against someone and because he might cause improper behavor for legal officers with he publicly urged legal bodies to decide the case which sounded just like "this case shall be solved while I was still the Minister".

By now, neither Gundalai has given a testimony nor the File holder has not tried to question him while he was in detention center .

Why Gundalai's press conference became a problem

On May 19, 2003, Mr. Gundalai run a press conference and announced that he received a top secret material of 45 pages from an anonymous source where the content suggested that Mr.Nyamdorj has contacts with a foreign intelligence agent.

He showed journalists the parts of the pages where there were stamps "Top secret". After announcing it and expressing his opinion that Mr.Nyamdorj should be investigated, he brought the material to the Intelligence central office.

Mr.Nyamdorj immediately denied the information and urged to file a case against Gundalai for his crime of a "libeling".

The public dispute is still going on on this case and the wonder whether Mr.Gundalai libeled the Minister or Mr.Nyamdorj worked for a foreign intelligence agent remains until now. Apparently, the State Investigation Office is struggling to work out in this complicated dispute between a minority MP and a majority MP-Minister (its boss) where the case file is opened only against the minority member yet.

Call for actions:

Please express your opinions, protests and advices concerning our series of alerts issued on the Gundalai's arrest. You can find our contact information and previous alerts on our website: www.libertycenter.org.mn

Addresses to write:

Mr. Natsagiin Bagabandi, President of Mongolia
Government House, Ulaanbaatar-12, MONGOLIA
Fax: +976 11 311121

Mr.Nambar Enkhbayar, Prime Minister of Mongolia
Government House, Ulaanbaatar-12, MONGOLIA
Fax: +976 11 328329

Mr. Nyamdorj Ts., Minister of Justice and Internal Affairs
Hudaldaanii Gudamj-61A, Ulaanbaatar- 46, MONGOLIA
Fax: + 976 11 325225

You may copy your letter to:

Mr.Gundalai L. Member of Parliament and Vice Chairman of The Democratic Party of Mongolia
Government House-406, Ulaanbaatar-12, MONGOLIA
Fax: + 976-11-317982, e.mail: gundalai@mongolnet.mn

Democratic Party of Mongolia, Democratic Central Office, Ulaanbaatar-12, MONGOLIA
Fax: + 976-11-322055, e.mail: info@demparty.mn