The Constitutional Court of Mongolia issued a decision on Wednesday to remove parliamentary immunity for MPs. The Constitutional Court is removing Article 6.9.1 (caught in the act and with evidences) from the Constitution of Mongolia.
The Parliament adopted revised Law on the State Great Khural in 2013, which includes the provision 6.9.1 which says that the State General Prosecutor’s Office can file a proposal on stripping the immunity of a MP only in case the latter was caught in the act and with evidences. The Constitution of Mongolia provides a parliamentary privilege to MPs. According to the provision 29.3 of the Constitution, the Parliament will decide if the immunity of a MP, accused to illicit activities, should be stripped, and dismiss a MP if he or she is convicted by court. “With the nullification of the provision 6.9.1, the Constitutional provision 29.3 will be effective. As such, the State General Prosecutor’s Office can propose to remove parliamentary privilege of an MP with sufficient foundations for the accusation,” said lawyer E.Khashchuluun, regarding the decision of the Constitutional Court.