Myth: Former President Enkhbayar was taken in the middle of the night, by surprise, and arrested by policemen who did not read him his rights.
- Fact: Between 8 and 9pm on April 12, 2012, IAAC officials went to Mr. Enkhbayar’s home to arrest him, but were prevented from entering by his bodyguards. Officials chose to resume the arrest the next morning. Enkhbayar called supporting politicians and members of the news media to come to his home overnight. At 6am on April 13, 2012, IAAC officials and plainclothes law enforcement officers returned to Enkhbayar’s home, presented their credentials, indicated that they have a court order, and arrested him, carrying him out after he refused to walk out himself. This is filmed by the media and witnessed by many supporters. IAAC officials were unable to read the Sukhbaatar District Court judge’s order to Enkhbayar, as is standard procedure during an arrest, because his bodyguards prevented a peaceable arrest. Instead, the order and a detailed listing of the charges against him were presented to him and his lawyers later that day.
Myth: He was “tortured in the most inhumane ways” and denied basic human rights during his detainment, including the right to access legal counsel, family visits, and medical care.
- Fact: Video shows that he spent his detainment in a five-room suite that included a private kitchen with a personal chef, a private bathroom, and private medical facilities. A separate video shows him being examined by a doctor and freely meeting with his wife and son during his detainment.
- Fact: After his arrest, Enkhbayar was immediately allowed access to his attorneys on the day of his arrest, and had continuous access during the entirety of his detention. He met with his attorneys 31 times while in detention.
- Fact: The Tuv Province correctional facility doctor examined Enkhbayar upon arrival, and found him to be in no pain, and having no wounds or injuries. Doctors continued to monitor his health at minimum twice daily for the remainder of his detention. J. Byambadorj, head of the National Human Rights Commission, visited Enkhbayar in jail to observe the conditions and meet with him to ensure that he is being treated properly.
Myth: As a result of the alleged abuse he endured during his detainment, Enkhbayar was bedridden.
- Fact: Video shows that he was not bedridden. To the contrary, he was healthy and moved around easily, laughing and joking with family and friends.
Myth: The charges against Enkhbayar are baseless and politically motivated.
- Fact: Charges of corruption against Enkhbayar have been well documented by the Mongolian and Western press long before the Elbegdorj administration took office. There may be as many as X charges filed against him. He has been given every opportunity to defend himself against these charges and complete access to legal counsel.
· New York Times – Thousands of Mongolians Protest Corruption (January 2006)
· UB Post (Mongolian) – Officials Reveal Income (March 2008)
· UB Post (Mongolian) – MP Calls Mongolian President a Bandit and a Cheat, Apologizes (Aug. 2007)
· Sydney Morning Herald – Mongolia: Best Since Genghis (August 2007)
· Sitting member of his own party calls him “a bandit and a swindler, and corrupt”:
“About 1000 workers are engaged just in preliminary drilling. The mooted $US2.7 billion mine construction bill is almost twice as large as this year"s national government budget.
‘If the agreement is delayed, if it is not discussed in the current [parliamentary] session, many workers would lose their jobs,’ wrote Albanese.
Soon afterwards Enkhbayar received another letter, this time from a member of his own Mongolian People"s Revolutionary Party.
U Khurelsukh, who is also one of Enkhbayar"s ministers, apologised for calling the president ‘a bandit and a swindler, and corrupt’, explaining he had merely been repeating what others had widely and repeatedly said.
As well as fending off corruption scandals and overtures from multinational companies, Enkhbayar has been busy drawing down an unconditional $US300 million ($350 million) loan personally presented by China"s President Hu Jintao. The money, equivalent to one-fifth of this year"s budget, has been allocated to a hydro-power project in the country"s north - with no transparent environmental or financial assessment.”
Myth: President Elbegdorj orchestrated the arrest of former President Enkhbayar just before the upcoming elections to hurt Enkhbayar’s political prospects.
- Fact: The investigation was conducted and arrest ordered by the independent IAAC which answers to a Parliament that is controlled the current President’s political rivals.
- Fact: Beginning in May 18, 2011, the IAAC summoned Enkhbayar 10 times for questioning, and each time Enkhbayar resisted the summons, having his bodyguards or other staff turn away IAAC investigators.
- Fact: The current chair was appointed by the former President.
Myth: Enkhbayar suffered a brutal detention alone on “made-up charges.”
- Fact: Video captured Enkhbayar being coached on how to give the appearance of being in a weaker state, and shows him lashing out, threatening and being verbally abusive to security personnel.
- Fact: The charges are independently well documented and predate the current administration.