On December 12, 2010 resident of
Chingeltei district, 6th khoroo, former director of “Urgoo Hotel” LLC,
J.Enkhjargal, made an appeal to the Police. Investigation was made based on the
appeal where Criminal Case number 21047331 was established on December 21,
2010, following Article 150.3. of the Criminal Code.

Also, Case number 21147024 was established on January 20, 2011, based on the
offense of violating others’ right to own through fraudulent means and the
appeal made by L.Selenge made on “Ulaanbaatar Times” newspaper regarding
illegal privatization of publically owned industrial ground, following Article
148.4 of the Criminal Code.

The above cases were integrated in Criminal Case number 21147024, and
jurisdiction was established under the Investigation department of the
Independent Authority against Corruption and Economic Crime Investigation
Department of the State Investigation Authority on November 9, 2011 by the
Resolution of the State General Prosecutor on the grounds of conducting
investigation and establishing regulation jurisdiction. Accordingly, a joint
investigation team was appointed which investigated the case and on April 26,
2012 N.Enkhbayar was accused with charges as stated in Articles 150.3 and 263.2
of the Criminal Code.

On October 19, 2012 N.Enkhbayar was issued subpoena as stated in Article 150.3
of the Criminal Code on the grounds of existing evidence for accusation of
criminal charge as stated in Article 35.1.5 of the Criminal Procedure Law.
However, he was informed of the type of crime he is accused of, but failed to
testify during investigation, as did his attorneys.

During the investigation, N.Enkhbayar was called for testimony several times as
stated in Article 143 of the Criminal Procedure Law of Mongolia, however
without any justifiable excuse he didn’t come to testify. For instance, the
subpoena was issued directly to him twice and on June 9, 2011 he signed as a
proof of receiving the subpoena, and on November 23, 2011, he refused to sign.
Also he was called for testimony through the Governor of his residential
Khoroo, but still failed to testify. N.Enkhbayar and his family members of legal
age refused to accept the subpoena delivered in person.

After the investigation process and result thereof, as well as evidence
documents were submitted to the concerning prosecutor and the Court for review
as stated by the law, Order number 119/c of Sukhbaatar District Court Judge on
April 12, 2012 was made, allowing detention of the suspect. During the process
of fulfilling what’s stated in the said order, N.Enkhbayar resisted the process
and went under the protection of his political party members and followers.
Furthermore, suspect N.Enkhbayar locked himself in his residence, located
inside the gate of the Academy of Management in 11th Khoroo of Khan-Uul
District. His party members and followers prevented our staff from entering
into the building, as a result, arrest and detention was made impossible.
Even though the relevant decision was informed to him and asked him to show
respect for the law, he informed in person not to follow the order.

On April 26, 2012 N.Enkhbayar was called at the testimony office for the
purpose of informing him of his charge as a suspect, as stated in Articles
150.3 and 263.2 of the Criminal Code. However, he didn’t come out of his
residence, moreover, he refused to listen to the Resolution which charged him
as suspect, or the explanation of his rights as a suspect and he also refused
to sign his refusal to sign on the criminal procedure record.

The investigation of the criminal case involving N.Enkhbayar was completed and
the case was transferred to the Capital City Prosecutor’s Office on May 7,
2012.

WORKING
GROUP OF
INVESTIGATION DEPARTMENT OF
THE INDEPENDENT AUTHORITY AGAINST CORRUPTION