Ending impunity for corruption
Numerous politicians and political activists claim that they will fight corruption if they held high-ranking positions within the legislature or government. Unfortunately, after gaining office, few choose to combat corruption.
Almost 10 years ago, former President Ts.Elbegdorj claimed that he would fight and stand against corruption during his president election campaigns and parliamentary sessions.
In his remarks at a forum commemorating the 10th anniversary of the establishment of the Independent Authority Against Corruption (IAAC) held last year, Speaker M.Enkhbold highlighted that Parliament needs to focus on enhancing the legal and regulatory environment to improve judicial independence and transparency in prosecutor selection and appointment procedures, stop unfair competition, and increase the freedom of the press.
Parliament also approved the National AntiCorruption Program (NACP) in October 2016, which outlines the state’s anti-corruption policies and objectives that will help the country eradicate corruption.
The most recent example is President Kh.Battulga’s address to Parliament where he stated that his office, the legislature, and the government need to make great efforts to combat corruption throughout 2018.
In recent months, government agencies have seemingly begun carrying out active investigations against corruption, but how they conduct their investigation is a cause for concern.
As Mongolian state officials had stolen a lot of money from government projects by abusing their powers over the past decades, to address this issue, Parliament created the IAAC in 2007, but people sometimes criticize that the IAAC is not accomplishing its main goal and only works for the interests of few powerful people.
Former legislator Sh.Saikhansambuu once noted that there are good laws in Mongolia, but law enforcement in the country is very murky, which is enforced to only poor people, and rich people with good connections can live without laws and rules.
The IAAC operates by reviewing all complaints related to corruption.
After a long investigation process, law enforcement agencies find that a state official is guilty of corruption, but many cases are dismissed due to the statute of limitation, which give the corrupt a chance to walk away after committing crime.
Official of the IAAC’s Investigation Department A.Tseden-Ish shared an example to the Mongolian National Broadcaster.
“During investigation on projects funded by the Development Bank from 2012 to 2016, the IAAC found that a man who served as head of the Strategic Policy and Planning Department at the Ministry of Roads and Transportation engaged in corruption to implement the project,” he said.
The man took bribes of over one billion MNT from a company which implemented a part of the project as he helped the company win a government tender for the project.
The IAAC found that the man bought a 242 square meter apartment at River Garden town for 460,000 USD in November 2012, a new Toyota Land Cruiser 200 worth 164 million MNT from Toyoto Tavan Bogd LLC, an apartment in Crystal Town for his father, a new vehicle worth 41 million MNT for his sister-in-law, and transferred some bribe money to saving accounts of his family members. The agency submitted the case to the Criminal Primary Court of Sukhbaatar District in 2017.
In response to the IAAC’s request, the court agreed that the former head of the ministry’s department was guilty of involvement in corruption, but he was free of penalty as the court is unable to arrest him or summon him as a defendant in a criminal case because of the statute of limitation.
Lawyer O.Sanchirbal stated that that the main focus of statutes of limitations is to protect defendants, which is a principle of human rights applied in the world, but many have used it as a way of escaping justice.
Lawyers say that newly amended Criminal Code increased penalties for state officials engaged in corruption, and the statute of limitations, which entered into force on July 1, 2017, prolonges the investigation process.
Official of the IAAC’s Investigation Department Ch.Jargalbaatar noted that when requesting information from an organization related to criminal investigation, an investigator must have the approval of a prosecutor for making the request for information, which slows investigation procedures. This is why people engaged in corruption escape punishment.
The newly amended Criminal Code outlines statutes of limitations as follows.
1. For crimes with sentences of between 6 months and 1 year – 1 year
2. Sentences of between 1 and 8 years – 5 years
3. Sentences of between 5 years and 15 years – 12 years
4. Sentences of between 12 years and 20 years – 20 years
The law states that a life sentence has no limitation.
The amended law outlines that a state official found guilty of engaging in corruption will be sentenced to prison time depending on the types of crimes committed, and after being released from prison, they will be banned from working in the public sector for some years, but a lifetime ban from public service should have been included in the law.
To close legal loopholes in the legal and regulatory environment, lawmakers amend many laws which open other loopholes. This has been the error of the legislature in the past.
As lawyers believe that a strong legal and regulatory environment which ensures fast and fair judicial review procedures with strong implementation of laws are the key cornerstone to a society that is free of corruption, legislators should pay greater attention when drafting crucial laws such as the Criminal Code and Law on AntiCorruption.
...Lawyer O.Sanchirbal stated that that the main focus of statutes of limitations is to protect defendants, which is a principle of human rights applied in the world, but many have used it as a way of escaping justice...