The cases on assaults against journalists
2006/11/28
Case study: G.Batjav
G.Batjav
“Eagle” television
Unknown people beat, acted without discipline and damaged two teeth of G.Batjav, a correspondent of “Eagle” television, while he was having lunch in “Aura” restaurant at 12 a.m. on Saturday, November 10, 2005. After that, his car, which was near his apartment was broken and damaged in the night of December 19-20, 2005. The individuals who damaged his car didn’t steal anything and didn’t require any money or property.
During the interview named “Secret materials related to the Intelligence, Tax and Social insurance office are disclosed to the public”, journalist G.Batjav said in the newspaper “Daily news” on December 24, 2005 that, “I was sitting to have a lunch alone at about 12 a.m. in “Aura” restaurant. Suddenly, someone tied my throat. When I could not breathe, he hit my liver once. Then hit my face. This action was took less than 30-40 seconds. That person said: “stop doing your work.” My car, which was near the apartment was broken into on the night of December 19-20, 2005. Two side mirrors, the driving side window pane and interior were broken. The car couldn’t be driven because all of the metal wires were cut. The outside of the car was broken by heavy things. As soon as I knew, I informed the police station. The police said that the fingerprints of four people were revealed”.
http://www.olloo.mn/modules.php?name=News&file=article&catid=200&sid=18812
Journalist G.Batjav didn’t make a complaint on being hit, but did report the damage of his car to the police. This case was considered as a crime by the Police station of Sukhbaatar district. The head of the department conducting the inquiry, G.Erdenebaatar, said that “this case was dismissed, because the defendant was not found under the article 205.1.1 of Criminal procedural law”.
The request for official information on when and on which grounds this case was instigated was dismissed by related officials. The head of the department conducting the inquiry and major G.Erdenebaatar said that “Ask from inquiry officer Battumur who investigates this case”. But Battumur said that “Take permission from prosecutor Khudertsetseg who is in control of this case”. The prosecutor Khudertsetseg said “it is impossible, because information and documents have background that may be related to personal secrets. Thus, the possibility to know about this case has reached a deadlock”.
The journalist was preparing a television program and researching into an illegal operation and corruption of Social insurance, Tax and Intelligence agency before that case.
The interview with S.Erdene, head of the Social insurance office, named in “did G.Batjav defame others and perform a play on criminal attack?”, was published in “Daily news” # 035 (2169) on February 10, 2006. In the preamble of the interview, it was written that the interview “… tells of evidence that he wasn’t hit by neither S.Erdene nor someone he hired, but by the younger brother of his loving woman; and someone didn’t break his car, but a few things from his car were stolen.
But the source of information revealed that this journalist’s reason to make such rumors was related to the 10 million tugrugs given by the Mongolian people’s revolutionary party.”
After that, “Eagle” television established a working group in order to check whether G.Batjav received 10 million tugrugs. The working group asked the non governmental organization “Globe International” to do interference observation. The working group asked the journalist S.Enkhtuul of “Daily news” who made this information, whether it is true and where this information was from. She replied that “I classify information secrecy and my information is true and factual.”
City Audit organization audited the Social insurance organization in the activities of 9 districts in 2005 in a report titled “foundation composition of social insurance, spending and usage of budget property” from January 9, 2006 to February 1, after the program by G.Batjav was broadcasted. The general conclusion of the audit says that “although the foundation’s income increased by 16.4 percent, possibilities to add income weren’t used adequately”. Many violations were listed in the audit report. For existence:
- there isn’t any foundation money in the account for citizen’s pension of about 20000 in the city and districts;
- Tax royalties are higher than in the market place;
- It doesn’t provide the needs and requirements;
- It damages the state because inspectors take some goods and property but do not sell them;
- Some properties aren’t listed in the registration;
- Though debts apartments were divided for the inspectors, and funds from the apartments weren’t collected by the foundation e.t.c.
http://www.city.audit.mn/index.php?huudas=subcontent&id=55
After this audit of the insurance organization determined serious violations, S.Erdene, head of this organization, resigned voluntarily from his position.
The news on attacking and damaging the journalist G.Batjav’s health and property was in the website of Tom Terry, director of “Eagle” television, on December 10, 2005. But a few days later, the interpretation that “Batjav was hit for personal reasons, not his professional activity” was added to this website. http://terrycom.net
If people, who attack Batjav’s freedom, commit crimes involved with his professional activity, it is a crime of the Prevention of a journalist’s activities that are consistent with the law, Article 139, Criminal Law of Mongolia.
It is impossible to make a conclusion whether the crime committed against Batjav was organized and related to his professional activities. This is because the people who attacked Batjav’s freedom and the attack’s purpose and reason weren’t determined.
Case study:
Journalist B.Tsevegmid
July 6, 2006
Attack against freedom of expression
B.Tsevegmid, correspondent of “Nomin” television in Orkhon aimag, was hit and his health was harmed by an unknown person while he was going home after his work in the night from 12 p.m. to 1 a.m. on July 5-6, 2006.
At that time journalist B.Tsevegmid was afraid of them, and he made the complaint to the Police office. The police office instigated proceedings and investigated under the Article 139 of Criminal law based on this complaint.
This case was dismissed based on article 205.1 of Criminal procedural law as “in the event that it is not established who is subject to prosecution as the accused”.
The journalist B.Tsevegmid of “Nomin” television currently works as a specialized investigative journalist. He broadcasted the “to watch is prohibited” program related to the Park reform of Erdenet’s youth, the Morgue of united hospital of Erdenet and illegal operations related to the investment certificate and stock of 9000 workers in Mining Industry of Erdenet on the channel of “Nomin” television.
While he was preparing the program on the investment certificates of 9000 workers in the Mining Industry, he interviewed former director Amarjargal of “Erdenes” Broker Company that holds investment certificates and stocks of industrial workers. In the program, the journalist included Amarjargal’s threat that “You have to broadcast actual information. You should be killed because of such information. This is very difficult matter”. After that, unknown people threatened him by telephone twice.
It was written in the newspaper, “Shine medee” # 27 on July 14, 2006,. that “After these threats, when two people caught him and assaulted and hit him, a person entered this apartment from outside and they stopped doing it. At that time he was going home in the night at 11 p.m. The attackers said ‘what a serious program?’”
Lawyers of “Globe International”, a non governmental organization, considered it as serious case against freedom of media in the democratic society of Mongolia and researched it in Erdenet city of Orkhon aimag. During the research works, they met and asked related organizations’ officials.
Director I.Baasanjav of “Nomin” television said that: “The journalist was treated in the hospital of Orkhon aimag for injuries with the diagnosis on a broken rib, first level of injury to the brain, and was required to take water because of this attack. This matter was very serious for our television. It seemed to me that a stronger media organization than our television should do it. But we don’t refrain when he wants to work and to fight courageously on this matter related to the stocks.”
An expert of forensic medicine concluded that, “there were hidden injuries to the brain, a first level smash of brain cells and the fourth rib in right side of breast was broken. This is related to a minor level injury.”
But expert doctor Gerelmaa of forensic medicine has sole responsibility for all the related works in Orkhon aimag. During this case, she had a usual holiday and said that another doctor was working and as a substitute for her position.
Lawyer G.Davaakhuu of Globe International asked: “What conclusion would you made if you had such a person with an injury like that?”
Doctor Gerelmaa replied that “If I made the conclusion, it would be that the injury was less serious. But I would decide if the injury was of a minor level or less serious after precise research of the rib breaking level”.
Journalist B.Tsevegmid said that: “I understood that someone must suffer damage because of working for true. But I am not afraid of them now. Further I am going to prepare and research continuously this program related to the stock. At that time, I couldn’t see how many and which people were there.”
The branch of Mongolian journalists’ union in Orkhon aimag questioned why a journalist who works impartially in the field of investigative journalism was injured. And the branch concluded that “this is an inevitable and cruel tendency to pressure a journalist’s fighting voice for the truth.”
So a media conference was held in aimag’s official hall on July 6. Workers of all media and information organizations, D.Orosoo, head of office for public relation of Police station, and Ts.Amarjargal, head of discipline office of Police station participated at this conference.
The police station said that “The police station is taking attention not to repeat such cruel action and providing safety to journalists who write articles and programs related to the public interest and related to serious matters according to the request of the journalist’s organization”. (Newspaper “Shine medee” # 27, on July 14, 2006).
The branch of Mongolian Journalists’ Union in Orkhon said that, “Journalists have never attacked and defamed an individual’s honor. The journalist executed courageously his obligation before society by the way of informing activities related to considerable violations and conflicts as crimes in the society according to the principles of investigative and professional journalism”.
Ya.Munkhdelger, head of the office conducting the inquiry and the lieutenant colonel, who is investigating this case, said that: “I am considering that it is very wrong that this case was qualified by article 139 of Criminal law, because journalism is a profession. It has not been determined yet whether the attack of freedom was related to the journalist’s professional activities, but it would be qualified by article 181 on “Hooliganism” of Criminal law.
Now our police office is operating in order to reveal this case. After the case was raised, Amarjargal, former director of “Erdenes” broker company, who threatened the victim, was checked and imprisoned for a defined period, it wasn’t determined that he was related to this case”.
G.Batjav
“Eagle” television
Unknown people beat, acted without discipline and damaged two teeth of G.Batjav, a correspondent of “Eagle” television, while he was having lunch in “Aura” restaurant at 12 a.m. on Saturday, November 10, 2005. After that, his car, which was near his apartment was broken and damaged in the night of December 19-20, 2005. The individuals who damaged his car didn’t steal anything and didn’t require any money or property.
During the interview named “Secret materials related to the Intelligence, Tax and Social insurance office are disclosed to the public”, journalist G.Batjav said in the newspaper “Daily news” on December 24, 2005 that, “I was sitting to have a lunch alone at about 12 a.m. in “Aura” restaurant. Suddenly, someone tied my throat. When I could not breathe, he hit my liver once. Then hit my face. This action was took less than 30-40 seconds. That person said: “stop doing your work.” My car, which was near the apartment was broken into on the night of December 19-20, 2005. Two side mirrors, the driving side window pane and interior were broken. The car couldn’t be driven because all of the metal wires were cut. The outside of the car was broken by heavy things. As soon as I knew, I informed the police station. The police said that the fingerprints of four people were revealed”.
http://www.olloo.mn/modules.php?name=News&file=article&catid=200&sid=18812
Journalist G.Batjav didn’t make a complaint on being hit, but did report the damage of his car to the police. This case was considered as a crime by the Police station of Sukhbaatar district. The head of the department conducting the inquiry, G.Erdenebaatar, said that “this case was dismissed, because the defendant was not found under the article 205.1.1 of Criminal procedural law”.
The request for official information on when and on which grounds this case was instigated was dismissed by related officials. The head of the department conducting the inquiry and major G.Erdenebaatar said that “Ask from inquiry officer Battumur who investigates this case”. But Battumur said that “Take permission from prosecutor Khudertsetseg who is in control of this case”. The prosecutor Khudertsetseg said “it is impossible, because information and documents have background that may be related to personal secrets. Thus, the possibility to know about this case has reached a deadlock”.
The journalist was preparing a television program and researching into an illegal operation and corruption of Social insurance, Tax and Intelligence agency before that case.
The interview with S.Erdene, head of the Social insurance office, named in “did G.Batjav defame others and perform a play on criminal attack?”, was published in “Daily news” # 035 (2169) on February 10, 2006. In the preamble of the interview, it was written that the interview “… tells of evidence that he wasn’t hit by neither S.Erdene nor someone he hired, but by the younger brother of his loving woman; and someone didn’t break his car, but a few things from his car were stolen.
But the source of information revealed that this journalist’s reason to make such rumors was related to the 10 million tugrugs given by the Mongolian people’s revolutionary party.”
After that, “Eagle” television established a working group in order to check whether G.Batjav received 10 million tugrugs. The working group asked the non governmental organization “Globe International” to do interference observation. The working group asked the journalist S.Enkhtuul of “Daily news” who made this information, whether it is true and where this information was from. She replied that “I classify information secrecy and my information is true and factual.”
City Audit organization audited the Social insurance organization in the activities of 9 districts in 2005 in a report titled “foundation composition of social insurance, spending and usage of budget property” from January 9, 2006 to February 1, after the program by G.Batjav was broadcasted. The general conclusion of the audit says that “although the foundation’s income increased by 16.4 percent, possibilities to add income weren’t used adequately”. Many violations were listed in the audit report. For existence:
- there isn’t any foundation money in the account for citizen’s pension of about 20000 in the city and districts;
- Tax royalties are higher than in the market place;
- It doesn’t provide the needs and requirements;
- It damages the state because inspectors take some goods and property but do not sell them;
- Some properties aren’t listed in the registration;
- Though debts apartments were divided for the inspectors, and funds from the apartments weren’t collected by the foundation e.t.c.
http://www.city.audit.mn/index.php?huudas=subcontent&id=55
After this audit of the insurance organization determined serious violations, S.Erdene, head of this organization, resigned voluntarily from his position.
The news on attacking and damaging the journalist G.Batjav’s health and property was in the website of Tom Terry, director of “Eagle” television, on December 10, 2005. But a few days later, the interpretation that “Batjav was hit for personal reasons, not his professional activity” was added to this website. http://terrycom.net
If people, who attack Batjav’s freedom, commit crimes involved with his professional activity, it is a crime of the Prevention of a journalist’s activities that are consistent with the law, Article 139, Criminal Law of Mongolia.
It is impossible to make a conclusion whether the crime committed against Batjav was organized and related to his professional activities. This is because the people who attacked Batjav’s freedom and the attack’s purpose and reason weren’t determined.
Case study:
Journalist B.Tsevegmid
July 6, 2006
Attack against freedom of expression
B.Tsevegmid, correspondent of “Nomin” television in Orkhon aimag, was hit and his health was harmed by an unknown person while he was going home after his work in the night from 12 p.m. to 1 a.m. on July 5-6, 2006.
At that time journalist B.Tsevegmid was afraid of them, and he made the complaint to the Police office. The police office instigated proceedings and investigated under the Article 139 of Criminal law based on this complaint.
This case was dismissed based on article 205.1 of Criminal procedural law as “in the event that it is not established who is subject to prosecution as the accused”.
The journalist B.Tsevegmid of “Nomin” television currently works as a specialized investigative journalist. He broadcasted the “to watch is prohibited” program related to the Park reform of Erdenet’s youth, the Morgue of united hospital of Erdenet and illegal operations related to the investment certificate and stock of 9000 workers in Mining Industry of Erdenet on the channel of “Nomin” television.
While he was preparing the program on the investment certificates of 9000 workers in the Mining Industry, he interviewed former director Amarjargal of “Erdenes” Broker Company that holds investment certificates and stocks of industrial workers. In the program, the journalist included Amarjargal’s threat that “You have to broadcast actual information. You should be killed because of such information. This is very difficult matter”. After that, unknown people threatened him by telephone twice.
It was written in the newspaper, “Shine medee” # 27 on July 14, 2006,. that “After these threats, when two people caught him and assaulted and hit him, a person entered this apartment from outside and they stopped doing it. At that time he was going home in the night at 11 p.m. The attackers said ‘what a serious program?’”
Lawyers of “Globe International”, a non governmental organization, considered it as serious case against freedom of media in the democratic society of Mongolia and researched it in Erdenet city of Orkhon aimag. During the research works, they met and asked related organizations’ officials.
Director I.Baasanjav of “Nomin” television said that: “The journalist was treated in the hospital of Orkhon aimag for injuries with the diagnosis on a broken rib, first level of injury to the brain, and was required to take water because of this attack. This matter was very serious for our television. It seemed to me that a stronger media organization than our television should do it. But we don’t refrain when he wants to work and to fight courageously on this matter related to the stocks.”
An expert of forensic medicine concluded that, “there were hidden injuries to the brain, a first level smash of brain cells and the fourth rib in right side of breast was broken. This is related to a minor level injury.”
But expert doctor Gerelmaa of forensic medicine has sole responsibility for all the related works in Orkhon aimag. During this case, she had a usual holiday and said that another doctor was working and as a substitute for her position.
Lawyer G.Davaakhuu of Globe International asked: “What conclusion would you made if you had such a person with an injury like that?”
Doctor Gerelmaa replied that “If I made the conclusion, it would be that the injury was less serious. But I would decide if the injury was of a minor level or less serious after precise research of the rib breaking level”.
Journalist B.Tsevegmid said that: “I understood that someone must suffer damage because of working for true. But I am not afraid of them now. Further I am going to prepare and research continuously this program related to the stock. At that time, I couldn’t see how many and which people were there.”
The branch of Mongolian journalists’ union in Orkhon aimag questioned why a journalist who works impartially in the field of investigative journalism was injured. And the branch concluded that “this is an inevitable and cruel tendency to pressure a journalist’s fighting voice for the truth.”
So a media conference was held in aimag’s official hall on July 6. Workers of all media and information organizations, D.Orosoo, head of office for public relation of Police station, and Ts.Amarjargal, head of discipline office of Police station participated at this conference.
The police station said that “The police station is taking attention not to repeat such cruel action and providing safety to journalists who write articles and programs related to the public interest and related to serious matters according to the request of the journalist’s organization”. (Newspaper “Shine medee” # 27, on July 14, 2006).
The branch of Mongolian Journalists’ Union in Orkhon said that, “Journalists have never attacked and defamed an individual’s honor. The journalist executed courageously his obligation before society by the way of informing activities related to considerable violations and conflicts as crimes in the society according to the principles of investigative and professional journalism”.
Ya.Munkhdelger, head of the office conducting the inquiry and the lieutenant colonel, who is investigating this case, said that: “I am considering that it is very wrong that this case was qualified by article 139 of Criminal law, because journalism is a profession. It has not been determined yet whether the attack of freedom was related to the journalist’s professional activities, but it would be qualified by article 181 on “Hooliganism” of Criminal law.
Now our police office is operating in order to reveal this case. After the case was raised, Amarjargal, former director of “Erdenes” broker company, who threatened the victim, was checked and imprisoned for a defined period, it wasn’t determined that he was related to this case”.