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CASE N° MON/01 ZORIG SANJASUUREN - MONGOLIA

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 168th session (Havana, 7 April 2001)


The Inter-Parliamentary Council,

Having before it the case of Mr. Zorig Sanjasuuren, a member of the Parliament of Mongolia, which has been the subject of a study and report of the Committee on the Human Rights of Parliamentarians in accordance with the "Procedure for the examination and treatment by the Inter-Parliamentary Union of communications concerning violations of human rights of parliamentarians",

Taking note of the report of the Committee on the Human Rights of Parliamentarians (CL/167/12(c)-R.1), which contains a detailed outline of the case,

Considering that Mr. Zorig Sanjasuuren was brutally murdered in his home in the evening of 2 October 1998, in the presence of his wife; that, at the time, he was a member of the Mongolian Parliament and chaired its Standing Committee on Security and Foreign Policy; that, as Acting Minister of Infrastructure, he was also a member of the Government of Mongolia; that Mr. Zorig was known to be outspoken,

Considering that it is alleged that his murder may have been politically motivated, which might explain why two years after the event the investigation is making no headway,

Considering that the inquiry launched to identify the murderers has so far been unavailing; noting that, according to the sources, an investigation team was set up on 3 October 1998 and a working group was subsequently appointed by the President's Office and by Parliament whose mandate it was to support the investigation in order to conduct it effectively and according to the law, and to ascertain the reasons and conditions behind that crime; although, according to the sources, a month after the murder the police were optimistic, the situation had changed 10 months later when, following the appointment of a new police leadership in December 1999, the investigation team was restructured and shifted to another department,

Considering that, according to the sources, the general feeling among the members of the parliamentary working group was that a number of shortcomings had been tolerated during the investigation such as inappropriate investigative tactics (the site of the crime was not properly protected so that unauthorised persons could enter, leading to the loss of important evidence), serious proposals for certain lines of inquiry were ignored, particularly as regards a possible political motivation of the crime, the investigation was not conducted with due independence and impartiality, and was moreover hampered by power struggles between and within the various law enforcement agencies,

Considering that, according to the Mongolian delegation to the 104th Conference (October 2000), the investigation is being carried out without any political interference or other "organised hindrances",

Considering that the Parliament elected in August 2000 did not re-establish the parliamentary monitoring committee for reasons related to the separation of powers; it is, however, supporting the investigation by ensuring that the necessary material facilities are provided; at the hearing held on the occasion of the 105th Conference (April 2001), the Mongolian delegation stated that Parliament was represented through the Speaker in the Security Council, which, apart from the Speaker, comprised the Head of State and the Prime Minister; the Council had recently received full information on the investigation and Mr. Zorig's case had further been raised during question time in Parliament,

  1. Thanks the Parliament of Mongolia and in particular its delegation to the 105th Conference for the information provided and for its cooperation;

  2. Is deeply concerned that the investigation into Mr. Zorig's murder, which has now been under way for more than two years, has not yet produced any known result, despite the fact that it took place in the presence of a witness, Mr. Zorig's wife, who has been extensively interrogated;

  3. Recalls that it is the duty of the Mongolian State, as it is of every State, to dispense justice and thus to identify those responsible for crimes through independent and impartial investigations and bring them to justice without undue delay; also recalls that impunity poses a major threat to any democratic system based on respect for human rights as it undermines the confidence of citizens in the State's ability to dispense justice and protect human rights, thus eroding respect for the rule of law itself;

  4. Reaffirms that Parliament, as a guardian of human rights, has a special duty to ensure that the murder of any of its members does not go unpunished as it stands as a threat to all members; believes that establishing a monitoring committee, as was done by the previous Parliament, would be an efficient means to this end;

  5. Considers that an on-site mission would help it to understand the situation better and to make progress; consequently requests the Secretary General to contact the parliamentary authorities with a view to organising a mission as early as possible to gather information from the competent parliamentary, governmental, administrative and judicial authorities, as well as from Mr. Zorig's widow, lawyers and family;

  6. Requests the Secretary General to communicate this resolution to the parliamentary authorities and to the sources;

  7. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (September 2001), in the light of such information as the on-site mission may have gathered.

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