Southern Mongolian Human Rights Information Center

On January 3, 2014, family members of the six detained Mongolian herders Mr.Tulguur, Mr.Tugusbayar, Mr.Nasandalai, Mr.Jargalt, Mr.Ulaanbar and Mr.Munkhbayar from Bayannuur Gachaa (a gachaa consists of several villages) of Shinsume Sum (sum is equivalent to a township) in eastern Southern (Inner) Mongolia’s Ongniud Banner (“weng niu te qi” in Chinese) were notified by the local Public Security authorities that the Ongniud Banner People’s Court had sentenced the six to prison terms ranging from 1 year to 2 years on a charge of “sabotaging production management”.

The Southern Mongolian Human Rights Information Center (SMHRIC) was able to obtain a copy of the court decision issued by the Ongniud Banner People's Court on December 31, 2013. According to the court decision, the sentences handed down to the six herders are as follows:

Mr.Tulguur, sentenced to 2 years in prison without reprieve on a charge of “sabotaging production management”;

Mr.Tugusbayar, sentenced to 2 years in prison without reprieve on a charge of “sabotaging production and management”;

Mr.Munkhbayar, sentenced to 1 year and 6 months in prison with two years reprieve on a charge of “sabotaging production and management”;

Mr.Nasandalai, sentenced to 1 year and 6 months in prison with two years reprieve on a charge of “sabotaging production and management”;

Mr.Ulaanbar, sentenced to 1 year and 6 months in prison with two years reprieve on a charge of “sabotaging production and management”;

Mr.Jargalt, sentenced to 1 year in prison with 1 year reprieve on a charge of “sabotaging production and management”.

“We were notified over the phone on Friday by the local police authorities of our Sum that my husband and Tugusbayar have been sentenced to two years in prison without reprieve,” Ms.Sarangowaa, wife of Tulguur, told SMHRIC, “now we have a copy of the court decision showing that all six were sentenced to 1-2 years in prison.”

Sarangowaa told SMHRIC that she was allowed to visit her husband on Friday at the Ongniud Banner Detention Center. Showing concern about her husband’s health status in prison, Sarangowaa reported, “My husband’s health is deteriorating. He told me that his stomach problem is worsening due to the poor detention condition and lack of proper medical treatment.”

“My husband is maintaining his innocence, and we are preparing to appeal to the higher court,” Sarangowaa added.

As the New Year approached, nearly two hundred Mongolian herders from the restive community staged two separate protests in front of the government buildings of Ongniud Banner and Ulaanhad Municipality on December 30 and 31, 2013 respectively. Several were beaten up by the Public Security personnel.

Two weeks ago, four of the six detained Mongolian herders, held since June 24, 2013, were released from detention on bail. Two other detainees , Tulguur, leader of the herders’ protests, and Tugusbayar, were denied the release on bail.

The herders organized a march toward the Banner and Municipal government centers on the eve of the New Year protesting the local court’s failure to decide the detained herders’ cases in a just and timely manner. They demanded the immediate release of Tulguur and Tugusbayar, and the legal protection of herders’ right to their grazing land.

“On December 30, 2013, before noon, more than a hundred herders from our Gachaa gathered in front of the Ongniud Banner government building, urging the authorities to release my husband and Tugusbayar,” Sarangowaa, told SMHRIC in an earlier phone interview.

“The next day, December 31, nearly a hundred herders came to the Municipal Government center in Ulaanhad City and continued the protest. The Public Security personnel poured in quickly and tried to drive away the herders by force. Several herders who refused to leave were beaten to the ground,” Sarangowaa told SMHRIC.

According to Mr. Zhou Guohua, Tulguur’s attorney, the failure to decide his client’s case within the legally required time interval by the People’s Court of Ongniud Banner was already a violation of law. Cases of this type must be decided within three months following the time that they are transferred to the court.

“Things are so arbitrary here. The Ongniud Banner People’s Court was forcing the detainees to plead guilty and demanding bail money,” Zhou complained pointing to the difficulties of defending the rights of the herders, “now my client is sentenced to two years in prison. We will continue to pursue the case until justice is done.”

In early June, 2013, the six herders were taken away by police after a clash with Chinese workers from a state-run forestry company named Shuang He Forestry that illegally occupied their grazing land. Following more than three weeks of detention and interrogation, they were formally arrested on June 24, 2013, for alleged involvement in “sabotaging production and management.” On September 13, 2013, the Ongniud Banner Public Security Bureau transferred the case to the Ongniud Banner People’s Procuratorate to prosecute the six herders.