The General Police
Office issued an explanation on ex-president N.Enkhbayar’s case.

The Investigation Division of the
Anti-Corruption Agency has been conducting criminal investigation against
ex-president Enkhbayar.N on
the basis of committed below mentioned crimes prescribed
in Criminal code of Mongolia, and pursuant to the provisions and procedures prescribed in
Criminal Procedure Code, he has been charged.

1.    In year 2000, the accused embezzled television equipments
valued 113.453.21 USD (approximately 119.534.302 MNT) which were donated by foreign spiritual
organization, to Gandantegchilen Monastery. This act is a crime prescribed in
paragraph 3, article 150 of the Criminal Code.

2.    In year 2007, by abusing his official position, the
accused in conspiracy with others transported 3033 kilogram of luggage by cargo airplane from
Republic of Korea to Mongolia without payment which caused loss to Mongolian
Civil Aviation Company as of 30.454.240 MNT. This act is a crime prescribed
in paragraph 2, article 263 of the Criminal Code.

3.    In year 2007, by abusing his official position, the
accused in conspiracy with others embezzled capital city property and it caused extremely huge
amount of loss to Metropolitan government. This act is a crime prescribed in
paragraph 2, article 263 and paragraph 3, article 150 of the Criminal Code.

4.    In year 2008, by abusing his official position, the
accused in conspiracy with others unlawfully purchased capital city property and it caused
extremely huge amount of loss. This actis a crime prescribed in paragraph 2,
article 263 and paragraph 3, article 150 of the
Criminal Code.

5.    By abusing his official position, the accused gave
opportunity to others to misappropriate 3.377.580 USD (approximately 3.930.308.099 MNT), and
embezzled state property in an extremely huge amount. This act is a crime prescribed
in paragraph 2, article 263 and paragraph 3, article 150 of the
Criminal Code.

On 26.Apr.2012 Enkhbayar.N was considered as
an accused by the Investigation Division of the Anti-Corruption Agency on the basis of evidences
collected and the case was submitted to the Prosecutor’s Office of Ulaanbaatar
city on 07.May.2012 for his further indictment.

Law statutes covering the crimes accusing Enkhbayar.N are the below mentioned
articles of the Criminal Code of Mongolia:
Article 19 of the Criminal code: Committing two or more crimes specified in
several articles of the Penal Code when the person concerned has not been
sentenced for any of them;
Paragraph 3, Article 35 of the Criminal code: Organized or managed the accomplishment of
the crime;
Paragraph  3, Article 150 of the Criminal Code: Embezzlement of others’ property
in an extremely large amount;
Article 263 of the Criminal Code: Abuse of power or of office by a state official”.

It was showed by collected evidences that the accused had committed crimes prescribed
in those articles. Therefore in accordance with provisions and procedure
prescribed in an article 196 of the Criminal Procedure Code of
Mongolia, he is being investigated as accused.

In accordance with relevant legislations, the
Anti-Corruption Agency summoned the suspect Enkhbayar.N a total of 10 times in order to take statements from
him, but he failed to appear on the given dates without a justifiable
reason.

Therefore on 12.Apr.2012 “official letter on execution of the warrant to bring the
suspect compulsory within the duty assigned by law” along with “investigator’s
warrant to bring compulsory the suspect to the designated place” and
“court order to detain the suspect” were forwarded to the police authority by the
Anti-Corruption Agency.

The Police worked in compliance with related provisions and rules prescribed
in  legislations while executed criminal procedural specific actions such as
the search of the suspect’s properties and bringing him compulsory
in accordance with the paragraph 5, article 74 of the Criminal Procedure Law of Mongolia, investigator’s warrant and court order.

Due to the accused Enkhbayar.N’s health condition, recently he had been transferred
from the detention facility No 461 to the clinical hospital No 2 and is
being treated in accordance with the rule on “medical
treatment/support to inmates, nursing him/her in medical organizations, nursing inmate by bringing medical services to detention
facilities”. Therefore pursuant to the above mentioned rule, the police
authority are in charge of guarding the inmate.