{"id":7036,"slug":"speech-by-president-battulga-to-parliamentary-session-13-highlights","status":"publish","tags":[],"title":{"rendered":"SPEECH BY PRESIDENT BATTULGA TO PARLIAMENTARY SESSION \u2013 13 HIGHLIGHTS"},"content":{"rendered":"\n

President of Mongolia Khaltmaagiin Battulga delivered a speech to the plenary session of the State Great Khural (Parliament) of Mongolia on November 27th<\/sup>, 2020. Following are the highlights of the President\u2019s speech. <\/em><\/p><\/blockquote>\n\n\n\n

1.<\/strong><\/p>\n\n\n\n

The issue of jurisdiction is not\nonly a matter of a few judges, but is a matter of delivering justice and the\nfounding stone of a just society; and a matter so broad in terms of impact, it\nmakes consequential decisions that affect the whole population, as well as\nbusinesses. <\/p>\n\n\n\n

2. <\/strong><\/p>\n\n\n\n

Whereas the case of former MP B.Undarmaa,\nwho committed embezzlement of the Social Insurance Fund in the amount more than\n340 billion tugrugs, had been looked over with a mere penalty payment, ordinary\ncitizens who were charged and jailed for breaking-in, theft of 50 thousand tugrugs\nand smuggling of bear claws and hides have been asking for Presidential pardon.\n<\/p>\n\n\n\n

3. <\/strong><\/p>\n\n\n\n

The State Great Khural has\nadopted a law, which allows dismissal of judge\u2019s full rights in case the National\nSecurity Council issues a recommendation. Although the law is flawed in some\nways, You should understand it was a timely and necessary decision by the\nMongolian state in times of desperation.<\/p>\n\n\n\n

4.<\/strong><\/p>\n\n\n\n

On my part in the reading of the\namendments to the Constitution, I have personally renounced the lawful rights\nbestowed on the President to appoint the members and heads of the Judicial\nGeneral Council and the newly founded Conduct Committee, a judicial\ndisciplinary committee, basing only on the purpose of \u201cdelivering justice and\nbuilding a just society\u201d, and gave my full support for the related amendment. This\nwould make sense to those, who have common sense. <\/p>\n\n\n\n

5. <\/strong><\/p>\n\n\n\n

I am different from those Presidents, who had established and led a \u201ctunnel of injustice\u201d. I have never attempted or committed to increasing my full rights. I am in fact the first President to give up specific rights as a President. I will not permit or tolerate any political party, mining-related gang or group attempting to create a \u201ctunnel of injustice\u201d, or to protect or recreate such a \u201ctunnel\u201d. <\/p>\n\n\n\n

6. <\/strong><\/p>\n\n\n\n

To give You a simpler\nexplanation, the National Security Council issued the said recommendation in order to put an end to malfeasances of\njudges, who have gotten involved, for the sake of their personal benefits, in the\nwrongdoings of foreign nationals, who have ownership rights to a major mine,\nwhich is the people\u2019s and the nation\u2019s wealth that possesses the power to write-off\nloans of all pensioners, who suffer and bear the burden of loans backed by\ntheir pensions after their life-long dedication and hard work. The judges\u2019\nmalfeasances undervalues the Mongolian statehood and puts the social and\nadministrative structure in a substantial risk. The recommendation aims at\nreaffirming the principle of legal equality recognized in the Constitution, and\nintercepting any action, where [judges] might use their authority to influence\nany prosecution or other legal procedures, regarding their malfeasances. <\/p>\n\n\n\n

7.<\/strong><\/p>\n\n\n\n

As the head of state of Mongolia,\nI disapprove the jurisdiction bill that has been presented to the Parliament.  This bill is a conjoined copy of the currently\nfunctional laws, including the Law of Mongolia on Courts, and the Law on\nJudicial Administration, Law on Legal Status of Judges, and the Law on Legal\nStatus of Citizen\u2019s Representatives to Court, minus the advancements achieved\nby each of the mentioned laws. The bill takes a step backward by retaining some\narticles and clauses from the 2002 Law on Courts, which had been long ineffective,\nfor the sake of [some lawmakers\u2019] own personal interests. The bill has supposedly been formulated\nwith insufficient scientific research and public and academic insights, and\ndisappoints the public expectation for change and reform in the justice system.\n<\/p>\n\n\n\n

8. <\/strong><\/p>\n\n\n\n

Legal reform is required for\nannihilation of all possibility, where a judge can influence another\u2019s practice\nin any form, including illegal involvement and\/or oppression, in order to\nfacilitate judicial independence. Judge in judicial practice must abide only by\nlaw and be free of control and influence of others, including, but not limited\nto, the chief justice and other peers in the appellate or constitutional\ncourts. <\/p>\n\n\n\n

9. <\/strong><\/p>\n\n\n\n

In the last five to seven years,\nthe state budget discussions excluded the topic of investment in the judicial\nsystem. This is a clear evidence of legislative and executive powers meddling\nwith the judicial power. There can be no gratification for the Government\u2019s conspiracy\nto pursue policies that increase the dependence of jurisdiction [from the\nCabinet and Parliament], instead of efforts to improve quality of judicial\nservice and working conditions. The bill raised by the cabinet is void of\nspecific policies or provisions directed at ensuring judicial independence, and\ntends to refer to the matter with magnified generality. <\/p>\n\n\n\n

10. <\/strong><\/p>\n\n\n\n

Full rights of the President of\nMongolia are not full rights of citizen Kh.Battulga. Therefore, I regard this\nmatter on behalf of many future Presidents. <\/p>\n\n\n\n

11. <\/strong><\/p>\n\n\n\n

It is public knowledge that there\nhas been no recorded change made to deliver justice, in spite of all promises\nof so-called \u201cjudicial and legal reform\u201d.<\/p>\n\n\n\n

12. <\/strong><\/p>\n\n\n\n

After a mild breeze of\nindependence in the jurisdiction, persons and groups, who committed a series of\ncrimes, such as conspired embezzlement of funds of the Small and Medium Enterprises\nDevelopment Fund; theft of the Development Bank loan funds through companies\nthey control; illegal ownership of an impossible number of mining licenses;\nownership of offshore accounts; accumulation of taxpayers\u2019 money in an\nincapable bank followed by liquidation of the said bank, which process allowed\nfor yield of billions of tugrugs on their side and bankruptcy of taxpayers,\nwhich is also repaid by taxpayers\u2019 money; money laundering through land\nownerships, construction companies and non-bank financial institutions; and a\ncrime against the state by conspiring with foreign nationals and companies,\nhave been attacking meticulously to take over judicial organizations, and\ntrying to invade the discussion of the bill on jurisdiction. <\/p>\n\n\n\n

13. <\/strong><\/p>\n\n\n\n

The people of Mongolia does not\nmerely wish, but expect to enjoy their rights to equality before the law. The\nanswer to their expectation depends only on the farsighted will and effort of\nlawmakers, who possess the moral sense and skill to serve their citizens, on\nthe basis of realistic judgment rather than oppressive behavior, and of common\nsense rather than prioritizing the interests of one\u2019s own political\naffiliation.  <\/p>\n","protected":false},"date":"2020-12-11T04:12:33","excerpt":{"rendered":"

President of Mongolia Khaltmaagiin Battulga delivered a speech to the plenary session of the State Great Khural (Parliament) of Mongolia on November 27th, 2020. Following are the highlights of the President\u2019s speech. 1. The issue of jurisdiction is not only a matter of a few judges, but is a matter of delivering justice and the […]<\/p>\n","protected":false},"featured_image_alt":"Suld","featured_image":"https:\/\/president.mn\/en\/wp-content\/uploads\/2018\/11\/Suld-770x513.jpg","related_posts":[]}