REFERENCE /2012.06.06/

On December 12, 2010 resident of Chingeltei district, 6th khoroo, former director of “Urgoo Hotel” LLC, J.Enkhjargal, made an appeal to the Police. Investigation was made based on the appeal where Criminal Case number 21047331 was established on December 21, 2010, following Article 150.3. of the Criminal Code.

Also, Case number 21147024 was established on January 20, 2011, based on the offense of violating others’ right to own through fraudulent means and the appeal made by L.Selenge made on “Ulaanbaatar Times” newspaper regarding illegal privatization of publically owned industrial ground, following Article 148.4 of the Criminal Code.

The above cases were integrated in Criminal Case number 21147024, and jurisdiction was established under the Investigation department of the Independent Authority against Corruption and Economic Crime Investigation Department of the State Investigation Authority on November 9, 2011 by the Resolution of the State General Prosecutor on the grounds of conducting investigation and establishing regulation jurisdiction. Accordingly, a joint investigation team was appointed which investigated the case and on April 26, 2012 N.Enkhbayar was accused with charges as stated in Articles 150.3 and 263.2 of the Criminal Code.

On October 19, 2012 N.Enkhbayar was issued subpoena as stated in Article 150.3 of the Criminal Code on the grounds of existing evidence for accusation of criminal charge as stated in Article 35.1.5 of the Criminal Procedure Law. However, he was informed of the type of crime he is accused of, but failed to testify during investigation, as did his attorneys.

During the investigation, N.Enkhbayar was called for testimony several times as stated in Article 143 of the Criminal Procedure Law of Mongolia, however without any justifiable excuse he didn’t come to testify. For instance, the subpoena was issued directly to him twice and on June 9, 2011 he signed as a proof of receiving the subpoena, and on November 23, 2011, he refused to sign. Also he was called for testimony through the Governor of his residential Khoroo, but still failed to testify. N.Enkhbayar and his family members of legal age refused to accept the subpoena delivered in person.

After the investigation process and result thereof, as well as evidence documents were submitted to the concerning prosecutor and the Court for review as stated by the law, Order number 119/c of Sukhbaatar District Court Judge on April 12, 2012 was made, allowing detention of the suspect. During the process of fulfilling what’s stated in the said order, N.Enkhbayar resisted the process and went under the protection of his political party members and followers.
Furthermore, suspect N.Enkhbayar locked himself in his residence, located inside the gate of the Academy of Management in 11th Khoroo of Khan-Uul District. His party members and followers prevented our staff from entering into the building, as a result, arrest and detention was made impossible.
Even though the relevant decision was informed to him and asked him to show respect for the law, he informed in person not to follow the order.

On April 26, 2012 N.Enkhbayar was called at the testimony office for the purpose of informing him of his charge as a suspect, as stated in Articles 150.3 and 263.2 of the Criminal Code. However, he didn’t come out of his residence, moreover, he refused to listen to the Resolution which charged him as suspect, or the explanation of his rights as a suspect and he also refused to sign his refusal to sign on the criminal procedure record.

The investigation of the criminal case involving N.Enkhbayar was completed and the case was transferred to the Capital City Prosecutor’s Office on May 7, 2012.