Prosecutor-General proclaims ACA chief as “suspect”

Unhappy and frustrated by Parliament’s failure to act in
three months on its request to dismiss the Anti-Corruption Authority Chief
Ch.Sangaragchaa and his deputy, D.Sunduisuren, the State Prosecutors’ General
Office (SPGO) on Friday took the extraordinary step to proclaim both officials
as “suspects in a criminal case”. This is expected to put pressure on MPs to
resolve the issue, though there is no clarity on what the next step in the saga
will be.

We asked Parliament Speaker D.Demberel, Chief of the Standing Committee on
Justice B.Bat-Erdene and Deputy Chief of the Human Rights Committee Kh.Temuujin
where the issue is headed. First come Demberel’s answers to our questions.

Will there be open voting in this week’s
discussion of the issue?
The MPs will have to decide on this. The Speaker cannot issue instructions on
how the voting should be.

Do you think MPs are unwilling to be
seen as voting against a powerful man like the ACA chief?
Why should MPs be afraid? They are elected representatives of the people.
They should be responsible and do what is best for the nation and according to
Constitutional provisions.

If Parliament resolves the issue what
will happen to Friday’s proclamation?
I do not see them as related. Investigation would be done in the legal
framework.

B.Bat-Erdene said he did not know why the SPGO
took this present step. A full session of Parliament was to discuss the issue
last week but could not do so as the Prosecutor-General was outside the
country.

Kh.Temuujin’s answers to questions are given below.

Will the two ACA officials now be
detained?

As long as Parliament does not strip them of their immunity they cannot be
detained. But they will be investigated as laid down in Criminal Law procedures.
That they hasve been named suspect is the first step in beginning an
investigation.

Can the SPGO call anybody a suspect when
the matter is still before Parliament?

Yes. No matter what Parliament resolves, the Prosecutor-General’s action
means criminal investigations as per the definite procedures indicated in law
will begin.