Were you released and declared innocent?

No. I was sentenced to one and a half years in jail, and served nine months of this, from December 2004 to August 2005, in the Amgalan prison. A special emissary from the UN Human Rights Commission came to see me in jail two months before I was released. I did not receive any formal pardon but was released as I had finished half my term. I am certain external pressures led to my release but the justice organizations denied this. There were about 300 letters from more than 20 countries demanding my release. These were addressed to the President and the Parliament Speaker. I am sure this influenced their decision.

Were there any special restrictions on you in jail?

No. I had worked as Chief of Prisons so knew my rights. 

These letters from foreign countries… did they just stress your human rights or did they also accuse the Mongolian justice organizations with unlawful activity?

They demanded my release as being in jail violated my rights. I was sent a copy of the letters that were delivered to the Minister of Justice. Mongolians also sent me supportive letters and some of the writers said they prayed for me.

Enkhbat’s brother Bayaraa has said he was attacked and forced to drink something poisonous to stop him from taking important documents to foreign embassies. Are you in touch with him?

I called him once after I learnt of the attack.

Have you been pressured not to talk about the Enkhbat case?

I do not think the people who managed and organized the Enkhbat abduction will do anything to draw attention to a case that is already complicated enough.

So you have not had any trouble?

No, but even if a hair of mine is hurt, I shall know it is their doing, nobody else’s.

Have you preserved all documents related to the case?

I have made several copies and kept them in several places. Some of the information is known to others also, such as researcher Dashzeveg Gankhuyag. He knows quite a few things about the state officials’ role.

Who were involved in the plot?

Some people know all about it — from the first instigation, to the planning, to the details of the kidnapping. When Mongolians say “Do not talk about this to anybody”, usually it becomes open knowledge soon.

They quarreled among themselves when some received rewards and some did not. Those who felt deprived started to talk.

Who were involved?

I cannot give you any names.

Why? 

I still want my name to be officially cleared. The matter rests with Parliament and the Prosecutor General. I hope for a favorable review as the situation today is much changed since 2004. If I fail to get justice in Mongolia, I shall petition the UN Human Rights Commission.

What did Enkhbat and you say during the trial?

We repeatedly said sentencing us will bring international disrepute to Mongolia. Nobody listened and see how things have developed after seven years.

Was another person supposed to have gone to Britain in place of Khurts?

Three things might have happened. They might have deliberately sent Khurts, they might have had a deal, and they might also have hoped that Khurts would confess to his role. The last is the most probable.

What is your opinion of Khurts?

I do not know him at all and have only seen his picture in newspapers. He studied law in Russia and works in the National Security Council. So why did he go to Europe in the circumstances? Can it be that he had all along planned to reveal everything? The charge that the British Ambassador alerted his Government about his visit is not fair. It is common practice for an Embassy to report such visits. What is surprising is that Khurts made the trip knowing that the abduction case was not dead in Europe.

I keep wondering if he has decided to talk, for he must have known that abduction and trade in drugs are internationally the most serious charges.

The Government is insisting that his diplomatic immunity has been violated. Is this a strong defense?

I don’t think his diplomatic passport will be of any use in a case of abduction. The Government’s problem is that they were silent when officials with diplomatic passports abducted a citizen. Now they cannot claim any special rights for the holder of a diplomatic passport. A drug dealer also carried a Mongolian diplomatic passport. European Union countries take the law and human rights much more seriously than we do. Here money is all powerful but it is not so in the European Union.

Police and Intelligence Service always denied torturing Enkbat but his family said his death was due to torture. What do you think?

It has never been clear where Enkhbat was between May 17 and 25, 2003, when he was formally arrested by the police. The Intelligence Service said he was interrogated on May 25, the police said he crossed the border on May 25, but Enkhbat himself claimed he had arrived on May 18. However, the passengers’ list on that day’s flight did not have Enkhbat’s name. It is certain that Enkhbat was in Mongolia between May 17 and 25, so he must have been brought in under another name. That allowed him no legal protection because he was officially not here.

What about immigration officers?

Enkhbat said his hands were tied and he was not taken through immigration. He was brought down from the plane and put in a car. Who knows what happened then?

The Government has told the UN that the July 1 killings are a closed case. Now there is this Khurts issue. They would all say they were merely obeying orders?

Military personnel may take this defense, with certain conditions. But abducting someone from France is no military action. France is a permanent member of the UN Security Council and 2003 was not 1937.