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.