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Within the following interview, Head of Investigation Division of the Unbiased Authority Towards Corruption (IAAC) and senior commissioner Ch.Jargalbaatar spoke about whether or not it’s attainable to re-submit a proposal to droop the parliamentary immunity of some lawmakers concerned within the ongoing challenge of Improvement Financial institution of Mongolia.
Final April, Prosecutor-Common of Mongolia B.Jargalsaikhan proposed Speaker of Parliament G.Zandanshatar to droop the mandate of parliamentarians Kh.Gankhuyag, G.Amartuvshin, Yo.Baatarbileg and N.Altankhuyag, to correctly examine them. Parliament mentioned this challenge for greater than 5 hours behind closed doorways however finally rejected it.
IAAC submitted a proposal to prosecute N.Altankhuyag on the suspicion of misappropriating a 1.8 trillion MNT mortgage from Improvement Financial institution and devaluing bond funds. Throughout an investigation of the financial institution’s non-performing loans, the Investigative Division of the authority additionally found that parliamentarian Yo.Baatarbileg had accepted bribes from others and launched an investigation into this case. In the meantime, G.Amartuvshin has been beneath scrutiny for allegedly issuing a mortgage of 33 billion MNT to an organization affiliated with legislator Kh.Gankhuyag whereas serving because the director of Improvement Financial institution.
What’s the present standing of the investigation of the Improvement Financial institution case? What number of property of non-performing financial institution debtors have been frozen and the way many individuals are concerned on this case?
Final January, Improvement Financial institution revealed non-performing loans which are detrimental to its operations and hurt the pursuits of the state and the general public. Since then, IAAC has performed an investigation. Specifically, we’re investigating financial institution officers who’re suspected of giving corporations a bonus in lending, corporations and officers who might need misused their loans, and a few people who find themselves suspected of giving bribes to acquire loans. Up to now, 33 circumstances associated to Improvement Financial institution have been investigated and 42 folks have been charged.
As of early Might, the Common Prosecutor’s Workplace of Mongolia opened a legal case in opposition to a number of folks and issued an indictment. Our investigators are working to current the indictment to these concerned. These 42 folks embrace 18 entrepreneurs, 18 Improvement Financial institution officers, and 6 political figures. Investigations have been delayed to some extent as a consequence of points associated to politically influential folks, particularly those that have parliamentary immunity. Subsequently, we in- fashioned of this case to the prosecutor’s workplace in accordance with the regulation. In reference to this, the prosecutor-general submitted a proposal to Parliament to droop the mandates of some lawmakers. Except their parliamentary immunity is suspended, we will’t correctly examine this case. This immunity protects legislators from punitive govt or judicial motion. As autos and houses of members with immunity can’t be inspected in accordance with the Act of Parliament, inspectors can’t get hold of related info. Nonetheless, Parliament rejected the prosecutor’s proposal, concluding that the lawmakers ought to have immunity. That is setting the flawed customary.
Actually, traditionally, each time a prosecutor requests the suspension of lawmakers’ immunity primarily based on our proposal, Parliament normally rejects it. This has been one of many circumstances for delaying circumstances. Additionally it is undermining justice. The Structure of Mongolia states that each particular person is equal earlier than the regulation and courts. On one hand, the Structure is a social contract. Alternatively, that is the assumption of individuals. Subsequently, we have to cease this case as some persons are benefiting from their immunity powers to keep away from punishment. One of many lawmakers concerned within the Improvement Financial institution case proposed to voluntarily droop his immunity. Nonetheless, I personally don’t perceive why Parliament didn’t settle for it.
The choice to not droop the parliamentary immunity of members was made on the parliamentary plenary session. You talked about that Parliament made such a call, believing that the members concerned within the case ought to be immune. In such a state of affairs, what additional motion can IAAC take beneath the regulation?
We are able to conduct the investigation with limits. Investigating with limits means the proof will probably be inadequate and the standard and effectiveness of the investigation will probably be lowered. The prosecutor must make an incomplete conclusion on an incomplete investigation, thus making the courtroom unable to make a remaining resolution. This can permit members of Parliament to evade punishment. There are examples of some members fleeing Mongolia because of their immunity. As quickly as the problem of suspension is raised, they depart the nation. Data confidentiality is then misplaced. Subsequently, parliamentarians’ circumstances are usually not resolved. The truth that politicians who’ve change into economically impartial live overseas creates social injustice. So politicians who say they may struggle in opposition to corruption should take the lead.
Within the case of the 4 members of Parliament, we have now recommended that their mandates be suspended primarily based on the proof gathered throughout the investigation. We didn’t current something inappropriate or unsubstantiated to Parliament.
Generally, I see that such an issue arises from the truth that the Act of Parliament enshrines relations that may be regulated by the Legal Process Code. If the judiciary itself had suspended the immunity of legislators primarily based on proof, this downside in all probability wouldn’t have arisen. Parliamentary immunity is utilized in only a few international locations. The international locations that use it are growing international locations like ours. This isn’t the case in developed international locations. Political tradition has developed in these international locations. Individuals with a political tradition apologize and resign when their misconduct is uncovered. We don’t have such a tradition or growth.
The prosecutor-general submitted the proposal on suspending the members’ immunity to Parliament in a confidential method. Subsequently, Parliament defined that it isn’t attainable to debate it overtly on the plenary session. So the folks have no idea precisely which members rejected it. Actually, it was attainable to debate it overtly, proper?
Suspension points could be overtly mentioned. Nonetheless, there’s the matter of confidentiality of investigations of suspects. Individuals need to know precisely what motion the investigators are going to take after lawmakers’ immunity are suspended. If that is revealed, the suspects will know the investigation staff’s plans. There’s the chance that the proof will probably be moved or destroyed.
Subsequently, it’s essential to submit the request in a confidential method. Some folks benefit from this. Since Parliament itself shouldn’t be a courtroom, it doesn’t talk about the proof or the guilt of suspects. We ask Parliament to create alternatives to challenge a judicial opinion and conduct an investigation expeditiously. In different phrases, we need to droop the immunity of these concerned within the case, full this investigation being obstructed as a result of immunity, and at last resolve the case.
The 4 members concerned on this case say they didn’t intrude with the investigation, cooperated willingly and testified in a well timed method, proper?
The planning of the investigation is confidential. It isn’t attainable to touch upon this. Some members say, “I wrote the assertion.” A press release shouldn’t be proof. It’s simply an evidence of what occurred from their very own views. The testimony itself has a separate that means.
Along with explanations and statements, the method of summoning lawmakers is once more linked to immunity. Subsequently, if their parliamentary immunity is suspended, the investigation could be accomplished. The case won’t be determined by the prosecutor’s workplace or IAAC. There will probably be an open listening to after the investigation and legal indictment. That’s why you will need to pace up the investigation. Generally, we are going to re-propose to droop the mentioned legislators’ immunity to the prosecutor’s workplace in an effort to full the investigation. Beneath the present Legal Code, an investigative physique makes a advice to a prosecutor. That is the present authorized regulation.
This challenge is at a standstill. In accordance with you, IAAC will as soon as once more elevate the problem of suspending the immunity of those 4 members of Parliament. What’s going to occur sooner or later if Parliament doesn’t assist it once more?
As I mentioned earlier than, we are going to make a proposal. It’s as much as the prosecutor-general to determine whether or not to submit the proposal to Parliament. The query of whether or not or to not droop them can also be a matter for Parliament itself. There should be no immunity that violates justice.
We have to perceive that even when we conduct a restricted investigation and submit the case to the prosecutor, it won’t be attainable to make an entire or goal conclusion. It’s mentioned that these lawmakers ought to have immunity, however we can’t be restricted to that. Justice should be established and violated rights should be restored. I hope that our legislators are properly conscious of this case.
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