Mongolian citizen N. Demberel was jailed after a judge handed down a guilty verdict for defamation. N. Demberel had published an article entitled “I was finally valued by Ch.Ulaan”. He also he broadcast the television program “Red-Eyed Oligarchy”, which was related to Mongolian President N. Enkhbayar and Member of Parliament Ch. Ulaan. The pair subsequently filed a complaint.

N. Enkhbayar and Ch. Ulaan claimed the article and television program were false and accused N. Demberel of defaming them and damaging their reputations. On August 31, 2007, the judge hearing the case handed down a guilty verdict based on the Law on Defamation (under Mongolia’s Criminal Law) and sentenced him to four months’ jail.

N. Demberel had previously been working as chief of the Cabinet media and public relations office. He told the court: “I broadcast the television transmission after collecting information and articles in order to give accurate information to the public; this is not against the law according the Media Freedom Law.”

N. Demberel’s lawyer M. Altan-Ulzii petitioned the court to have the case reheard. The second hearing took place on October 11, 2007. M. Altan-Ulzii’s team of lawyers argued that the verdict wasn’t in accordance with the law. They also stated that it was not a criminal case, and as such N.Demberel should not have been prosecuted for his actions.

The judge ruled that the case fell under Article 110 and 111 of the Criminal Law. The verdict remained unchanged, but instead of a jail sentence, N. Demberel was fined 9,970,000 tugrugs, or 130 times the amount of the lowest salary.

After the first verdict was handed down, Mongolia’s media held a press conference, with journalists and media experts proclaiming that the verdict was wrong, and was negatively affecting media freedom.

During the first hearing, the only media allowed into court was the newspaper Zuuni Shuudan (The Century Post), despite the trial being open to the public. Nothing in the trial pertained to confidential information or material, so the court was open, however the media had little chance of being allowed in.

N. Demberel is not a journalist, but he published the article referring to N. Enkhbayar and Ch. Ulaan in accordance with his right to free speech and was convicted under the Criminal Law on Defamation. Globe International considers this case contrary to free speech.

Article 3 of Mongolia’s Criminal Law states: “A person cannot be found guilty for expressing personal opinions”.