Alert — Mongolia
16 July, 2015
SOURCE: Globe International

Globe International Center (GIC) strongly condemns the detention of Battulga Sodnomdarjaa, a female journalist from info.mn website and calls for her immediate release. She was arrested on July 9, 2015 and taken to the detention center Gants Hudag.

Criminal proceedings were launched against the journalist and four other individuals following complaints from S.Bilegt, Director of Noyod LLC, on the grounds of defamation and property dispute. The journalist is accused of defamation by publishing on article about S.Bilegt and her company on info.mn website in June 2013.

The trial was postponed until July 27, 2015 as one of the attorneys failed to attend the trial. The Judge of the First Criminal Court considered the absence of the attorney as an attempt to interfere with judicial proceedings from the defendant’s side. The journalist with other defendants was accused, as they have been several times intentionally attempting to delay hearing processes. The Judge has ordered the arrest of the journalist together with four convicted following the request of the victim’s attorney based on Article 68.1 of the Criminal Proceedings Code until next trial.

S.Battulga was detained for the second time concerning the criminal case. Previously, on July 17 last year, when the first hearing trial proceeding was scheduled, she was imprisoned for 32 hours. The journalist was originally charged under Article 111.2 of the Mongolian Criminal Code. During the investigation, charges against the journalist were increased from provision 111.2 to 111.3 which states “Defamation connected with accusing of a commission of a serious or grave crime shall be punishable by a fine equal to 151 to 250 times the amount of minimum salary or by imprisonment for a term of 2 to 5 years.”

The first hearing in the case was held on December 12, 2014. The journalist was found guilty of insult and ordered to pay compensation of 21 mln. MNT (approx.US$11000). Then the appellate court transferred the case to the first instance court.

On July 9, 2015 GIC, the Confederation of Mongolian Journalists (CMJ) and G.Batbayar, journalist’s attorney convened a press conference protesting the detention of the journalist and demanded her release. They stated that the journalist’s arrest was unjustified and expressed concern over detention of a journalist whose article was based on an evident source.

GIC considers this is an attack against the freedom of expression and journalists’ professional rights. This is the first incident in Mongolia where a journalist was convicted together with their source of information.

According to journalist’s attorney G.Batbayar, judge’s order is inconsistent with law and it is possible to release the journalist on a bail until next trial.

Battulga’s imprisonment has become a concerning topic in Mongolian media. The Mongolian journalism community protests the imprisonment of their counterpart and joins the movement, “Stop preventing journalism activities that are consistent with the law. Free journalist.”

On July 15 the CMJ issued a statement in which they stated to protect its member journalist and requested the General Council of Courts to pay attention to the Judge who ordered the arrest of the journalist, whose article was based on an evident source and take urgent actions.”

On July 16, the journalism community involving CMJ and GIC convened a press conference urging the immediate release of the journalist. They stated “The detention of journalist violates Article 39 in the Criminal Code of Mongolia”, which states, “prevention of a journalist’s professional activities that are consistent with law with the view of dissemination or preventing dissemination of any information which affects the culprit’s or others’ interests shall be punishable…”

For more information:
Globe International Center
Chingeltei District, Khoroo 4,
Diplomat 95 Complex, Entrance 1, #9,
Ulaanbaatar, Mongolia
Phone/fax: +976 11 324764
Phone: +976 11 324627
E-mail: hnaran@globeinter.org.mn
globemon@gmail.com
www.gic.mn