The following is a letter from several US-based right groups and individuals sent to the United Nations Special Rapporteur on the Independence and Impartiality of Judges and Lawyers Ms. Margaret Satterthwaite on the occasion of her visit to Mongolia:

 

Ms. Margaret Satterthwaite

United Nations Special Rapporteur on the Independence of Judges and Lawyers

OHCHR-UNOG, 8-14 Avenue de la Paix,

1211 Geneve 10, Switzerland

Fax: +41 22 917 9006

Email: hrc-sr-independencejl@un.org

November 6, 2023

Your Excellency Ms. Margaret Satterthwaite,

We write you on behalf of the Southern Mongolian Human Rights Information Center, the World Mongol Federation US Chapter, the InterMongol Network as well as Mongolians in the Unites States who are concerned about human rights conditions of Mongolian peoples around the world. 

It has come to our attention that you will be visiting Mongolia to assess the independence and impartiality of Mongolia’s judiciary system. In connection with your visit, we would like to bring to your attention the case of Mr. Munkhbayar Chuluundorj.  We seek your agreement to directly bring to the attention of the Mongolian government, the concerns we have regarding the egregious manner in which the laws of Mongolia have been subverted in the trial and sentencing of Mr. Munkhbayar.

Mr. Munkhbayar Chuluundorj is a citizen of Mongolia and a long time writer, human rights defender, journalist and a member of the Confederation of Mongolian Journalists. As part of his journalism, Mr. Munkhbayar has been one of the most vocal critics of the current Mongolian Government’s relationship with China. He has also been a strong supporter of national freedom for occupied parts of the historical Mongolian nation, including Southern Mongolia (“Inner Mongolia”), Buriat, Kalmykia, and Hazarastan. As a staunch advocate for freedom and human rights for the six million Southern Mongolians living under Chinese rule, Mr. Munkhbayar organized and attended numerous conferences, meetings, protests, and other events in his home country Mongolia and elsewhere, including the United States and Japan. He has been particularly critical of the Mongolian Government’s close cooperation with the Chinese government in persecuting and deporting Southern Mongolian political refugees. Mr. Munkhbayar once said in a conference held in Japan that “the two most hostile governments in the world towards Southern Mongolian exiles and violating their rights, are the Governments of China and Mongolia.” Mr. Munkhbayar had openly demanded the resignation of Mr. Luvsannamsrain Oyun-Erdene, Prime Minister of Mongolia, for his pro-Chinese stance and failure to safeguard the sovereignty and independence of Mongolia.

Consequently, we surmise under strong pressure from the Government of China, Mr. Munkhbayar was arrested by the General Intelligence Agency (GIA) of Mongolia in the capital city Ulaanbaatar on February 17, 2022,. This was followed by 131 days of extrajudicial detention. On June 28, 2022, he was sentenced to 10 years in prison by the Primary Criminal Court of Bayanzurkh, Chingeltei and Sukhbaatar Districts in Ulaanbaatar, Mongolia. The sentence read out by the court, according to Mr. Munkhbayar’s attorney at the time, Ms. Baasan Geleg, was “10 years in prison for collaborating with a foreign intelligence agency [the Indian Embassy] to spy against the People’s Republic of China”.

The Mongolian court classified the court’s verdict as “top secret”, and threatened Mr. Munkhbayar’s family members and attorneys with imprisonment if any facts regarding the case were leaked to the public. This was apparently an effort to cover up the weak evidentiary case brought against Mr. Munkhbayar. His former attorneys, Ms. Baasan Geleg and Mr. Batdorj Altan have had their attorney’s licenses revoked and denied the right to further defend Mr. Munkhbayar.

Over the past year, human rights organizations around the world have been actively urging the government of Mongolia to release Mr. Munkhbayar immediately. On September 13, 2022, PEN America issued a statement demanding his release: https://pen.org/press-release/pen-america-calls-for-the-immediate-acquittal-and-release-of-mongolian-activist-munkhbayar-chuluundorj-sentenced-to-10-years-in-prison-for-protesting-china-mongolia-relations/

On January 11, 2023, over 100 human rights organizations sent a joint letter to the government of Mongolia and demanded an immediate release of Mr. Munkhbayar:  https://www.smhric.org/news_712.htm

In February 2023, Japanese Parliament members nominated Mr. Munkhbayar for the 2023 Nobel Peace Prize: https://www.smhric.org/news_713.htm

Your Excellency, in closing, we urge you to meet with Mr. Munkhbayar’s former attorneys Ms. Baasan Geleg and Mr. Batdorj Altan and current attorneys Ms. Saruul Tovuusuren as well as Munkhbayar’s brother Munkh-erdene during your visit to Mongolia. If possible, we urge you to ask the government of Mongolia to meet directly with Mr. Munkhbayar, to assess his situation personally. We regard the case of Mr. Munkhbayar as an important indicator of how Mongolia’s judiciary system has declined over the past decade in relationship to independence and impartiality of administering and applying the laws of Mongolia.

Should you have any question on the case of Mr. Munkhbayar Chuluundorj, please feel free to contact us.

Sincerely Yours,

Mr. Enghebatu Togochog, Director, Southern Mongolian Human Rights Information Center and Board Member of World Mongol Federation US Chapter

Mr. Dugarjab L. Hotala, Founder and Director of InterMongol Network and Board Member of World Mongol Federation US Chapter

More information about the Special Rapporteur's visit to Mongolia and the scheduled press conference is available here: https://www.ohchr.org/en/media-advisories/2023/11/un-expert-visit-mongolia-assess-independence-justice-system