Penalties remain unchanged for people of sensation

B.Ooluun.
In regard to Appeal Court trials held on October 21 at the Capital’s Court, the press has published extensively about two attentiongrabbing cases in which penalties

have remained unchanged. On that day, trials took place on the cases of Ts. Jargalsaikhan, former advisor at Parliament’s Foreign Relations and Cooperation Department, who has been accused of transferring State-secret documents to a

foreign intelligence organization thus betraying his country, and D. Surenkhor, former State Secretary at the Industry and Trade Ministry, who has been accused of misappropriating State funds.

In August, 2010, at a Primary Court hearing in the Chingeltei District, Ts. Jargalsaikhan, charged in a criminal case on the grounds of disloyalty to his home country by passing State-secret documents to a foreign intelligence organization, had been given a 17-year jail sentence.

The Uls Toiriin Toim Newspaper wrote, “A 17-year jail sentence was imposed on Ts. Jargalsaikhan. D. Tsakhilgaan, a diplomat and Jargalsaikhan’s father, has frequently

asserted since August that his son had not exposed State secrets but had just

become a political victim. A Letter of Appeal has been lodged by the accused’s attorney in protest against the Primary Court’s decision. At the closed trial on October 21, those present included: State Prosecutor Yo. Sagsai, honored lawyer S.

Jantsan, attorneys B. Batsukh and G. Oyuntsetseg. However, D. Tsakhilgaan, father of the accused, and family members were absent. There were also no representatives from the Parliamentary Office. The court trial continued for over 4 hours before a break was taken, during which, a stressed attorney Jantsan speculated to press representatives that his advocacy might be unsuccessful After almost a half-hour discussion by the Judges, a Court decision was announced. Both the attorney and prosecutor who had heard the Court decision left without responding to reporters’ questions.” About the case in which Ts. Jargalsaikhan has been accused, the newspaper wrote, “Last June, Ts. Jargalsaikhan received a document containing confidential State information from two Foreign Affairs Ministry specialists. He is said to have passed this to a Russian official but, since his action involves sensitive State information, the legal authority has not to-date provided further details. The case regarding Ts. Jargalsaikhan and the two Foreign Affairs Ministry officials has been investigated by the General Intelligence Agency and transferred to the Prosecutor’s Office. The case initiated against the two officials has been dismissed, whilst Ts. Jargalsaikhan has been convicted of divulging State secrets under Criminal Code Provision 87. Yo.Sagsai, the supervising Prosecutor, after changing the Provision, however, passed sentence under Criminal Code Provision 79.1. This latter Provision reads, “A Mongolian citizen shall be imprisoned for 16-25 years if she or he has joined a foreign intelligence service with the purpose of causing a loss of national independence, security and/or defense capacity, as well as transferred state secrets to a foreign country and/or its intelligence service, collaborated with a foreign organization that conducts activities against Mongolia and defected to the enemy’s side in case of a warfare situation.“ Based on this Provision, both the Primary and Appeal Courts sentenced Ts. Jargalsaikhan to 17 years in prison.”

The Ardyn Erkh Newspaper noted that, during the court break, in response to reporters’ questions, attorney Jantsan said, “Of course if the Primary Court’s decision remains unchanged, an appeal will be submitted to the Supreme Court. As this case relates to State secrets, it must forever therefore be kept confidential.
Furthermore, attorneys are legally responsible to maintain their accused clients’ confidentiality. Where this responsibility is disregarded, legal action will be taken, such as removing attorneys’ rights to undertake legal representation. For this reason, I will not answer questions regarding Ts. Jargalsaikhan.” The newspapter also mentioned that Ts.Jargalsaikhan had been under investigation by the General Intelligence Agency since June 15, 2010 and was suspected and accused of passing, to a Russian official by Internet, information relating to the Mongolian Parliamentary Speaker’s visit to Russia.
About the D. Surenkhor case, last August the Sukhbaatar District Court had imposed a 7-year prison sentence after convicting him of misusing his official position and causing losses worth Tgs91.3 million but agreed to allow a 3-year reduction of this in terms of the Amnesty Law. Whilst in his post as State Secretary at the Industry and Trade Ministry during 2003-2006, D. Surenkhor had misappropriated Ministry funds amounting to Tgs73 million in cash and had put a Land Cruiser -105 automobile rented by himself up as collateral for a Tgs8 million loan, allowing those involved to understand that he owned the car. He had also not returned the cell-phone, notebook and uniform he had used in his official capacity, as well as using Tgs5 million from the ‘Wholesale Project’ funding for himself. He was convicted on all these counts. In its October 22 issue, the ‘Undesnii Shuudan’ Daily published “Although D. Surenkhor confessed to taking the Tgs73 million in cash from the Ministry, he did not admit the other counts, neither did his attorneys accept the accusations and lodged a complaint with the City Court. Press representatives were allowed to attend the court hearing for the appeal and, in his appeal letter, D. Surenkhor admitted misappropriating Tgs73 million and expressed his regret but, in regard to the other counts claimed to have no concerns at all, saying that after he had gone abroad, some people had slandered him without any evidence when the Audit Office had conducted an inspection. During the trial at the Appeal Court, Mr. Surenkhor’s attorneys G. Oyuntsetseg and B. Khishigbaatar said, “We reject the Primary Court decision. All the Trade and Industry Ministry’s money problems must not be blamed on him. Some of the counts raised against our client have not been proven by evidence, but were based just on statements from witnesses. In addition, our client has fully repaid Tgs91.3 million loss to the State.” They requested a change to the Criminal Code Provision used for sentencing in consideration of various conditions, including his state of health, the recovery of the State’s loss, and that this is a firsttime conviction. After an hour’s trial the Court took a recess, after which the panel upheld the Primary Court’s decision.”
The Ardyn Erkh Daily confirmed that Mr. Surenkhor’s health is not good, and he is currently under medical treatment at the Gants Khudag detention centre’s Hospital. His attorney reiterated that his client’s kidney and digestive system had degenerated during his detention at Gants Khudag and his health condition is not normal. His attorney submitted a request at the Primary Court trial, that Surenkhor be released on bail. This was, however refused
source: 'Mongol messenger' newspaper