Ts.Nyamdorj: I have lost my patience and cannot tolerate it anymore
In previous press releases, the UB Post has reported the events surrounding the July 1st incident trial which was conducted on March 28th.
During the trial, the lawyers of the defendants left the court saying that they were not representing the defendants anymore and that the trial will be postponed for an indefinite period.
They also said that the judges will continue playing the political drama and will ultimately make the final decision.The lawyers also felt that the Jury was violating the attorneys’ rights.They explained they were leaving the trial because the crime categorization of the defendants that was defined by the judge, violated Mongolian law and regulations.
The General council of the court however, has stated that the act of the attorneys leaving a trial was against the law. The council then and passed a resolution to take administrational action the on attorneys by arresting them for 7 to 14 days or imposing a monetary fine.
The Minister of Justice and Home Affairs, Ts.Nyamdorj gave an interview regarding this event to the press and media agencies. The following is the statement of Ts.Nyamdorj that was broadcasted through the media on March 30th.
“I have worked with the Supreme Court for ten years before the present judges started working. I am very tired. I have watched and read what has happened during the trial on the 30th. I have said many times that this is nothing to do with Mongolian law, but the judges. Even I myself submitted an official letter to the government. Is there any Court in the world like Mongolia’s court? Is there any court in the world that arrests the defendants’ attorneys and closes down the case? It seems the court is arresting the lawyers to shut their mouths, in order not to reveal the very truth. Why isn’t the court defending the truth? Why are they accusing those police officials in an opening of fire? I am talking about a very serious thing. Those police officials should not become the political victims. The case shouldn’t be solved by the government. I have never seen such gamble during the working period of the court. I have tolerated this political drama for a long time. From now on, I will express my position firmly.
Those people, yes - the judges, are insulting all Mongolians. Mongolian citizens have watched and observed exactly what happened on July 1st. We all saw who said what and who did what. I have lost patience and I can’t tolerate it anymore. Why has the Court made the decision to arrest the attorneys?
The current Mongolian Court has become the organization of subscription, it has been decayed. This is the main organization that is corroding Mongolian law. The court is making Mongolia the country without law. I have worked in politics for thirty years and have practiced in legal organizations for twenty years and I have never seen such a humiliating thing. Today, the lawyers who spoke the truth are being arrested. Maybe tomorrow, the journalists who revealed the truth will be arrested too. The attorney Altangerel told the truth. The political repression is about to start!”
B. Sarantuya: The attorneys are violating clients’ rights deeply
On the day after the trial, The Judge General of Ulaanbaatar Court, B.Sarantuya made an official statement about issues surrounding the case of the July 1st incident. The statement says “According to the Clause 235 of the Mongolian Criminal Procedure Law, final trials of cases related to the government, organization and individual security and the case involving juvenile persons, should be a closed trial. The case that involves police officers Ch.Amarbold, O.Zorigt, G.Ganbaatar and Sh. Batsukh, has information and facts that are related to state secrets.The Sukhbaatar District jury decided to conduct the enclosed trials in compliance with the law. It is impossible to conduct the trial publicly, as pursuant to Mongolian laws and regulations. Revealing the facts and evidence connected with the state is forbidden and is even a crime according to Clause 87 of the Mongolian Criminal Procedure Law.
The decision of whether to allow the public and correspondents to attend the trial, to make recordings, to take a photos, to restrain the trial procedure broadcasting to public or not, is completely up to the sovereign rights of the person who is leading the trial.
According to the Clause 225 of the Criminal Procedure Law, the judge who received the case that has been sent to the court from the prosecutor, issues the order within 15 days to carry the defendant to court or not. Regarding the police officers’ case, the jury was appointed and the trial date and time has been fixed, as there was no Constitution violation during the conclusive level to send the defendants to the court.
Starting from this criminal procedure stage, the three judges should have discussed the future of the case and trial conclusion during the court session. However, the lawyers who advocated the police officials were hindering the trial several times. Instead of protecting the client’s rights firmly and helping the court to define the case’s origin, they were breaching the rights of the defendants and of the public. For any professional attorneys, defending the client’s rights and working in compliance with the law should be the most important principle that is followed in advocacy.
Despite the attorney’s obligation to provide the citizens with legal assistance, their act of refusing to advocate on behalf of their clients unreasonably and leaving the court chamber during the trial, deeply violated the defendant’s rights and shows disrespect to the court.
During the trial, the lawyers of the defendants left the court saying that they were not representing the defendants anymore and that the trial will be postponed for an indefinite period.
They also said that the judges will continue playing the political drama and will ultimately make the final decision.The lawyers also felt that the Jury was violating the attorneys’ rights.They explained they were leaving the trial because the crime categorization of the defendants that was defined by the judge, violated Mongolian law and regulations.
The General council of the court however, has stated that the act of the attorneys leaving a trial was against the law. The council then and passed a resolution to take administrational action the on attorneys by arresting them for 7 to 14 days or imposing a monetary fine.
The Minister of Justice and Home Affairs, Ts.Nyamdorj gave an interview regarding this event to the press and media agencies. The following is the statement of Ts.Nyamdorj that was broadcasted through the media on March 30th.
“I have worked with the Supreme Court for ten years before the present judges started working. I am very tired. I have watched and read what has happened during the trial on the 30th. I have said many times that this is nothing to do with Mongolian law, but the judges. Even I myself submitted an official letter to the government. Is there any Court in the world like Mongolia’s court? Is there any court in the world that arrests the defendants’ attorneys and closes down the case? It seems the court is arresting the lawyers to shut their mouths, in order not to reveal the very truth. Why isn’t the court defending the truth? Why are they accusing those police officials in an opening of fire? I am talking about a very serious thing. Those police officials should not become the political victims. The case shouldn’t be solved by the government. I have never seen such gamble during the working period of the court. I have tolerated this political drama for a long time. From now on, I will express my position firmly.
Those people, yes - the judges, are insulting all Mongolians. Mongolian citizens have watched and observed exactly what happened on July 1st. We all saw who said what and who did what. I have lost patience and I can’t tolerate it anymore. Why has the Court made the decision to arrest the attorneys?
The current Mongolian Court has become the organization of subscription, it has been decayed. This is the main organization that is corroding Mongolian law. The court is making Mongolia the country without law. I have worked in politics for thirty years and have practiced in legal organizations for twenty years and I have never seen such a humiliating thing. Today, the lawyers who spoke the truth are being arrested. Maybe tomorrow, the journalists who revealed the truth will be arrested too. The attorney Altangerel told the truth. The political repression is about to start!”
B. Sarantuya: The attorneys are violating clients’ rights deeply
On the day after the trial, The Judge General of Ulaanbaatar Court, B.Sarantuya made an official statement about issues surrounding the case of the July 1st incident. The statement says “According to the Clause 235 of the Mongolian Criminal Procedure Law, final trials of cases related to the government, organization and individual security and the case involving juvenile persons, should be a closed trial. The case that involves police officers Ch.Amarbold, O.Zorigt, G.Ganbaatar and Sh. Batsukh, has information and facts that are related to state secrets.The Sukhbaatar District jury decided to conduct the enclosed trials in compliance with the law. It is impossible to conduct the trial publicly, as pursuant to Mongolian laws and regulations. Revealing the facts and evidence connected with the state is forbidden and is even a crime according to Clause 87 of the Mongolian Criminal Procedure Law.
The decision of whether to allow the public and correspondents to attend the trial, to make recordings, to take a photos, to restrain the trial procedure broadcasting to public or not, is completely up to the sovereign rights of the person who is leading the trial.
According to the Clause 225 of the Criminal Procedure Law, the judge who received the case that has been sent to the court from the prosecutor, issues the order within 15 days to carry the defendant to court or not. Regarding the police officers’ case, the jury was appointed and the trial date and time has been fixed, as there was no Constitution violation during the conclusive level to send the defendants to the court.
Starting from this criminal procedure stage, the three judges should have discussed the future of the case and trial conclusion during the court session. However, the lawyers who advocated the police officials were hindering the trial several times. Instead of protecting the client’s rights firmly and helping the court to define the case’s origin, they were breaching the rights of the defendants and of the public. For any professional attorneys, defending the client’s rights and working in compliance with the law should be the most important principle that is followed in advocacy.
Despite the attorney’s obligation to provide the citizens with legal assistance, their act of refusing to advocate on behalf of their clients unreasonably and leaving the court chamber during the trial, deeply violated the defendant’s rights and shows disrespect to the court.
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