MONGOLIA – Journalist, newspaper face legal action for reporting on alleged embezzlement case
17 May 2010 10:40 pm

stop_jailing_journalists.jpgThis statement was
issued by the Ulaanbataar based Globe INternational on 6 May, in
conjunction with World Pres Freedom month.
Journalist Kh. Namuun-Uyanga, of the "Ogloonii Sonin" (Morning
News) daily, has been threatened and urged to stop reporting on an
alleged embezzlement by Lieutenant Colonel M. Bayarmagnai, deputy chief
of the Patrol and Special Defense Department. The threat was made in a
phone call by Bayarmagnai's lawyer to the journalist on 27 April 2010.
stop_jailing_journalists.jpgThis statement was
issued by the Ulaanbataar based Globe INternational on 6 May, in
conjunction with World Pres Freedom month.
Journalist Kh. Namuun-Uyanga, of the "Ogloonii Sonin" (Morning
News) daily, has been threatened and urged to stop reporting on an
alleged embezzlement by Lieutenant Colonel M. Bayarmagnai, deputy chief
of the Patrol and Special Defense Department. The threat was made in a
phone call by Bayarmagnai's lawyer to the journalist on 27 April 2010.

The
journalist heads the paper's Investigative Department. She published an
article in the paper's 11 September 2008 edition, issue #175, entitled,
"Police Colonel Embezzles MNT 20 million". The article was based on
information provided by Lieutenant Colonel Ts. Batbold, head of the
Investigation Department of the State General Prosecutor's Office.
Batbold explained that his department was investigating a swindling case
involving  Bayarmagnai.

At the time, a number of daily
newspapers, including "Zuunii Medee" (Century News), "Ardchilal"
(Democracy) and "Ardyn Erkh" (People's Right), also published articles
on the investigation. But Bayarmagnai named only "Ogloonii Sonin" in his
lawsuit, as it was the first paper to report on the alleged
embezzlement. The lieutenant colonel accused the paper of defaming him
and asked for 10 million MNT (over US$7,000) from the journalist to
"redeem his reputation". The journalist earns about US$200 a month.

After
reviewing the case on 19 October 2009, the Bayanzurkh District Court
found the paper guilty of slander and defamation. "Ogloonii Sonin" was
ordered to pay 2 million MNT in damages to the plaintiff and publish a
retraction. The paper subsequently filed an appeal with the Capital City
Court. The first instance court's ruling was upheld on 18 December
2009, when the newspaper was once again found guilty of defamation.
However, the Capital City Court reduced the amount payable to the
plaintiff from two
million to one million MNT.

Unhappy with
the decision, Namuun-Uyanga appealed to the Supreme Court. While her
appeal was pending, a criminal case involving Bayarmagnai was re-opened.
The journalist then wrote to the Supreme Court asking that review of
her appeal be postponed until the case was finalized by the State
General Prosecutor's Office. Nevertheless, the Supreme Court upheld the
court of appeal decision.

Based on a request by Namuun-Uyanga,
G. Davaakhuu, an attorney for Globe International, submitted a complaint
to Supreme Court General Judge S.Batdelger in accordance with Article
1761 on the review of civil cases, opposing the decisions of the court
of first instance, the court of appeal and the supervising court, all
three of which found "Ogloonii Sonin" guilty of slander and defamation.

Namuun-Uyanga
has received a number of calls from Bayarmagnai, and most recently,
from his lawyer on 27 April 2010. The lieutenant colonel has said he
will withdraw his complaint if the journalist agrees to pay him one
million MNT. Otherwise, he threatened to use all his powers and
connections against her and the paper.