Complaint to the City Criminal Court of Appeals No. 10

Similar documents
International Covenant on Civil and Political Rights 1 Adopted 16 December 1966 Entered into force 23 March 1976

CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA ACT NO 108 OF 1996

FACT SHEET. Juveniles (children aged 16 or under):

LEGAL FRAMEWORK OF THE HUMAN RIGHT TO WATER AND SANITATION- EUROPE

Part 1 of the Constitution Act, 1982 Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:

THE WILDLIFE CONSERVATION AND MANAGEMENT ACT. (No. 47 of 2013) WILDLIFE CONSERVATION AND MANAGEMENT (ACTIVITIES IN PROTECTED AREAS) REGULATIONS, 2015

5. There shall be a sitting of Parliament and of each legislature at least once every twelve months. (82)

Bahrain Center for Human Rights Bahrain Center For Human Rights

Canadian charter of rights and freedoms

LAW ON SPECIAL PROTECTED AREAS

Schedule B. Constitution Act, 1982 (79) Enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11, which came into force on April 17, 1982

CHAPTER 2 BILL OF RIGHTS

Citation: R. v. Finck, 2017 NSPC 73. Matthew Finck. Restriction on Publication: Pursuant to s of the Criminal Code DECISION ON SENTENCE

1.4. There have been no environmental crime cases where the courts would have had to rely on the right to be tried within a reasonable time.

Georgian Police Code of Ethics

S/2001/1326. Security Council. United Nations

Patrimoine canadien. Canadian. Heritage. The. Canadian. Charter of Rights and Freedoms

SOUTH AFRICAN BILL OF RIGHTS CHAPTER 2 OF CONSTITUTION OF RSA NO SOUTH AFRICAN BILL OF RIGHTS

deprived of his or her liberty by arrest or detention to bring proceedings before court.

GENERAL PROVISION. Article 1 IMPORT, TRANSIT AND EXPORT. Article 2

ISSUES. Saskatoon Criminal Defence Lawyers Association December 1, Fall Seminar, 1998: Bail Hearings and Sentencing. Prepared by: Andrew Mason

PROTECTED SPECIES ACT 2003 BERMUDA 2003 : 15 PROTECTED SPECIES ACT 2003

IN THE REGIONAL COURT FOR THE REGIONAL DIVISION OF MPUMALANGA HELD AT ERMELO CASE:

Act No. 403/2004 Coll. Article I PART ONE BASIC PROVISIONS

Fiji Islands Extradition Act 2003

The Anti-Gang Bill, 2017

List of issues in relation to the sixth periodic report of Mongolia*

COOK ISLANDS AVIATION OFFENCES ACT 1973 ANALYSIS. Offences Relating to Aircraft. Taking firearms, explosives, etc., on to aircraft

23 JANUARY 1993 DRAFT CONSTITUTION FOR ALBANIA

CCPA Analysis Of Bill C-36 An Act To Combat Terrorism

CANADIAN CHARTER OF RIGHTS AND FREEDOMS [FEDERAL]

CHAPTER 383 HONG KONG BILL OF RIGHTS PART I PRELIMINARY

Decree By Federal Law No. 1 of Combating Terrorism Offences. We, Zayed Bin Sultan Al Nahyan President of The State of the United Arab Emirates;

CHAPTER 10-4 PUBLIC GROUNDS IN GENERAL

ACT NO. 1 OF 9 JUNE 1961 RELATING TO FIREARMS AND AMMUNITION

Inland Fisheries Resources Act 1 of 2003 (GG 2962) brought into force on 6 June 2003 by GN 117/2003 (GG 2992) ACT

CHAPTER X THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF CIVIL AVIATION ACT, 1982 (66 OF 1982)

Global Anti Bribery and Corruption Compliance Program Be transparent and keep it transparent

Application for Transfer of Operating Authority

Presidential Decree, The Arab Republic of Egypt. Law No.107 for For organizing the right to peaceful public meetings, processions and protests

Forest Act 12 of 2001 (GG 2667) brought into force on 15 August 2002 by GN 138/2002 (GG 2793) ACT

Criminal Procedure Code. Surrender

Simplified Version of the Declaration of Rights:

UNITED NATIONS GENERAL ASSEMBLY. Submission for the Democratic People s Republic of Korea (NORTH KOREA)

Act No. 2 of the Year A.D relating to Patents, Utility Models, Integrated Circuit Layouts and Undisclosed Information

T H E R I G H T S O F H U M A N A N D N A T U R A L C O M M U N I T I E S T O W A T E R

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Environmental Management and Conservation (Amendment) Act 2010

Republika e Kosovës Republika Kosovo - Republic of Kosovo Kuvendi - Skupština - Assembly

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Procedures and information removed from 2014 Enforcement Plan Updated February 2016

DOMESTIC VIOLENCE ACT NO. 116 OF 1998

Proposal for a Council Framework Decision on combating terrorism (2001/C 332 E/17) COM(2001) 521 final 2001/0217(CNS)

COURT OF COMMON PLEAS OF LEHIGH COUNTY CRIMINAL DIVISION. COMMONWEALTH OF PENNSYLVANIA ) ) V. ) Case No. ) ) GUILTY PLEA COLLOQUY

Caribbean Community (CARICOM) Secretariat

PRISONER VOTING RESTRICTIONS ENSURING JUSTICE

Resolution adopted by the Human Rights Council on 29 September /16. Human rights in the administration of justice, including juvenile justice

International covenant on civil and political rights CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT

Chapter 15 Protection and redress for victims of crime and human rights violations

1 University Accommodation Rules v1.00

THE PROCESSING OF PERSONAL DATA (PROTECTION OF INDIVIDUALS) LAW 138 (I) 2001 PART I GENERAL PROVISIONS

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT. Concluding observations of the Human Rights Committee.

EXTRADITION ACT Act 7 of 2017 NOT IN OPERATION ARRANGEMENT OF CLAUSES

International Covenant on Civil and Political Rights

X. COOK ISLANDS CRIMES (INTERNATIONALLY PROTECTED PERSONS AND HOSTAGES) ACT 1982, NO. 6

Article 1. 2) In Article 228, 6 shall be added in the following reading:

COLLABORATION AND COORDINATION EFFORTS IN COMBATTING WILDLIFE CRIME: A KENYAN PROSECUTORIAL PERSPECTIVE

International Covenant on Civil and Political Rights

Environmental Policy and Political Geography. Strip Mining Diagram. Mountaintop Removal, WV 5/18/2011. Domestic Environmental Issues

CANADIAN CHARTER OF RIGHTS AND FREEDOMS

September 1, 2015 Le 1 er septembre 2015 FIREARMS

A Guide to the Bill of Rights

Combating of Domestic Violence Act 4 of 2003 (GG 3002) brought into force on 17 November 2003 by GN 234/2003 (GG 3094) ACT

Statement by the Head of the Delegation of Canada. James R. Wright Political Director and Assistant Deputy Minister (Global and Security Policy)

Private Security Act

ANTI-TERRORISM ACT, 2008 ACT 762

Forestry Act 2012 No 96

Statute No. 14 Uganda Wildlife Statute 1996 THE UGANDA WILDLIFE STATUTE, 1996 PART I - PRELIMINARY. Section.

Interim Resolution CM/ResDH(2017)429 Execution of the judgment of the European Court of Human Rights Ilgar Mammadov against Azerbaijan

This leaflet sets out the commitment of members to a code of ethics and conduct.

FOREIGN TRADE ARBITRATION LAW. Chapter I General provisions

South Africa Domestic Violence Act, 1998

(OJ L 164, , p. 3)

REGULATORY IMPACT ANALYSIS

AMNESTY INTERNATIONAL

PEACEFUL ASSEMBLY BILL 2011

CODE OF DISCIPLINE FOR STUDENTS

List of issues in relation to the report submitted by Gabon under article 29, paragraph 1, of the Convention*

The presumption of innocence and procedural safeguards for children

Le Président The President

The Charter of Rights and Freedoms

Concluding observations of the Human Rights Committee ZAMBIA UNEDITED VERSION

Trends for Children and Youth in the New Zealand Justice System

ISSUES FOR DISCUSSION

Albanian draft Law on Freedom of the Press

KENYA - THE CONSTITUTION

III ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY

Official Journal of the European Union. (Legislative acts) DIRECTIVES

XXXV. RUSSIAN FEDERATION 8 5

Opinions adopted by the Working Group on Arbitrary Detention at its eightieth session, November 2017

Transcription:

Complaint to the City Criminal Court of Appeals No. 10 February 24, 2014 Protecting legal and destined rights of all Mongolians, fulfilling our civil duties, using the means of choice we have been able to stop indisputable threat to the land, very root of integrity, national security, Mongolian independence. In order to prevent danger to our nation we had to choose the means we resorted to and have strictly followed the principal of not causing any harm to anyone during the implementation. We had fully restrained a danger of explosion or involuntary discharge of any firearms. The imminent threat (on September 10, 2013 the government has presented to the parliament a draft law on altering the Law on Prohibiting Mineral Exploration and Extraction Near Water Sources, Protected Areas and Forests and the parliament was planning to discuss it during its special session on September 16, 2013) is in full breach of court order, Mongolian Constitution, Criminal Law, articles from International Treaties Mongolia joined in, is evidently lawless blunt attempt of attack on Mongolian National Rights with a threat of causing major damage had lead us to an attempt to protect our rights. In this regard I would like to point out legal grounds and evidence from the case materials: 1. Regarding non action and actions of the government on the court ruling 1.1. It has been already 2 years and 4 months since the Higher Court of Mongolia on October 20, 2011 has ruled in its decree number 687 Government of Mongolia has to fulfill its duties set forth in chapter 1 of the regulations following the implementation of Law on Forests and Decree Number 55 from July 16, 2009 of the Parliament of Mongolia however they have not abide nor trying to. 1.2. The fact that the government has presented a draft law on altering the Law on Prohibiting Mineral Exploration and Extraction Near Water Sources, Protected Areas and Forests September 10 th 2013 goes against a valid court ruling and attacks authority of the court. 1.3. Evidence on non-action and actions of the government are taken in the folder 14 pages 149-153, 237-246 of the case materials. 2. Regarding breach of the Mongolian Constitution by the Government 2.1. The government of Mongolia has not abided neither to the Law on Prohibiting Mineral Exploration and Extraction Near Water Sources, Protected Areas and Forests (further referred as LAW) which has been passed 4 years and 7 months ago nor the Higher Civil Court ruling, which was made 2 years and 4 years ago. 2.2. Chapter 6 of the Mongolian Constitution states: Land, its content, forests, water, animals, plants and other natural resources belong only to the people of Mongolia and are under state protection. Clause 2 chapter 50 states: Ruling of the Higher Court of Mongolia shall be final and all courts and relevant bodies should abide its decision. Clause 2.1. chapter 38 says: to protect the environment, rationally use natural resources, conduct reclamation, clause 2 of chapter 16 shall have a right to live in a healthy, safe

environment, have a right to be protected from lost ecological balance, 2 clause chapter 1 honoring the rule law is fundamental principal of the state, 1 clause chapter 70 all actions of organizations and individuals shall be conducted in accordance with the constitution. All of above clauses are broken. 3. Regarding breach of Criminal Law 3.1. Clause 258.1. of the Criminal Law of Mongolia states: those who purposely do not abide active court orders and rulings or hindering the implementation shall be fined, detained, sentenced to labor or imprisoned. 3.2. Clause 1.1. says: the purpose of Mongolian Criminal Law is to protect Mongolian Independence, National Security, human rights, freedom, public and private property, national treasures, environment, legal framework, peace and tranquility of humankind from any criminal offence. 3.2.1. In modern days a term of legal war has been circulating and became more known to public. The act of presenting a draft law on altering the long named law on September 16 2013 is a criminal act and goes against valid court orders with a purpose to hinder its implementation. It has been done by the government by the order of domestic and international political and economic groups and is a direct threat to the Mongolian Independence and National Integrity. (I am ready to testify in court to elaborate further on this point). 3.2.2. If on September 16m 2013 we have not have stopped the unlawful attempt to alter the Law on Prohibiting Mineral Exploration and Extraction Near Water Sources, Protected Areas and Forests automatically 1782 special mining licenses would have been reinstated, re-launching explorations around the country to repeat the history of last 20 years when we lost over 4000 rivers, streams and springs, over 1300 lakes and pools have dried up causing disruption to the delicate ecological balance of the nature. When back in 2011 some studies have been done in accordance with approved standards to evaluate environmental damages caused by 235 mines out of above 1782 the amount came up to staggering 1,161,451,800,000 MNT. 3.2.3 If we would have not stopped this unlawful attempt under mechanized pressure from 1872 license holders 180,000 households engaged in our traditional Mongolian animal husbandry, inherited from our ancestors would have been squeezed out of their pasturelands. 3.2.4. Geographically Mongolia is situated in a uniquely important location of fresh water sheds of the entire region. Thus Mongolia plays a vital role in shaping up the quality of fresh water running to the Arctic, Pacific and Central Asian watersheds. The fact of above attempt to alter protection laws is a criminal act of endangering a special role Mongolia plays within international community to protect fresh headwater source in the region. 4. About breaching international conventions Mongolia is a part of 4.1. The fact that government of Mongolia has not abided neither to the Law on Forests (further referred as LAW) which has been passed 4 years and 7 months ago nor the Higher Civil Court ruling, which was made 2 years and 4 years ago goes in breach of following International Conventions. 4.2. United Nations Framework Convention on the Climate Change: it is time to realize that global climate change and its negative affects are a worry for all of the humankind; all countries

should undertake a responsibility not to cause any harm and damage to neighboring countries within its responsibilities and actions; the in order to protect interests of current and future generations there should be firm decisions made in regard to protection of the climate. 4.3. Ramsar Convention on Wetlands (specifically nesting areas of water and shorebirds): - prevent growing danger of utilizations of wetlands for industrial purposes and negatives affects of it; - all parties concerned should be providing proper protection for birds not only on the list but all species found in the area and guarantee their habitat in the wetlands. 4.4. The Human Rights Act - every member of a humankind is entitled to dignity and recognition of it is a roof of freedom, justice and peace; - disrespect of basic human rights leads to acts of brutality. Everyone has the right to freedom of thought, conscience and religion; - in order to prevent people s armed resistance to oppressing governments one should protect basic human rights. 4.5. International Covenant on Civil and Political Rights - all nations are entitled to usage of natural resources for its own benefit, on the basis of mutual benefit, in line with all rights and responsibilities set forth in international economic and legal contracts; - by no means any nation should be deprived of their basic means of existence; - all countries united under this covenant shall not discriminate anybody based on race, nationality, sex, language, religion, political views, national and social background, wealth. 5. Regarding investigation, court hearing being one sided and non-complete 5.1. Despite our numerous requests from prosecutor Enkhbayar B. and judge Aldar to question important witnesses who would contribute immensely to coming up with a complete and actual picture of the events concerned without any grounds they were dismissing our requests, this way limiting and ignoring our constitutional rights and restraining the trail of information on what and how the decisions were made. 6. Regarding conclusions of the ruling conflicting with reality 6.1. Because the whole investigation was conducted improperly without considering whole a lot of valuable evidence the court was lead by conclusions and evidence provided by prosecutors office only the ruling came out far away from reality. It is impossible to express how regretful it is to see how court has ruled against previous court decision, ignored the fact government breached Mongolian Constitution, Criminal Law, International Agreements in order to cover up for the government this way breaching the fundamental rights and common human values. 6.2. The court ruling mentions that we have threatened to blow bombs unless our demands are met, however we have never done that. Opposite as a result of our timely actions

we were able to stop criminal attempt from the side of the government to change the laws and this is the truth. Also on page 25 of the ruling it is said that the incrimination of clause 149 of the Criminal Law has been dropped towards defendant Munkhbayar Ts. in compliance with clause 24.1.1. of the Law of Criminal Procedures. This statement goes against conclusion on page 15, where it is said that the attempts of defendants to gain profit have full characteristics of an organized group. Our goal is to save our nation and we have swore to give our lives for protection of national rights. We have never intended nor did threaten and endanger our fellow Mongolians. It is proven by the expertise that all weapons carried were secured by safety locks and grenades and trotyl were dismantled. However the court based its decision on possible results, using future conditional time in its language as if it was protecting the prosecutors groundless conclusions. The court dismissed the fact that in order to assist the investigation we have voluntarily brought remaining ammunition to intelligence agency staff and informed of their locations to both journalists and police. 7. About conflicts in the most important evidence material and court taking sides 7.1. The court used our demand to withdraw draft law on altering of the Law on Prohibiting Mineral Exploration and Extraction Near Water Sources, Protected Areas and Forests (further referred as DRAFT LAW) and approve submitted decree to implement the Law on Forests from the parliament. At the same time they do not mention whether action of the government to try to change existing laws is legitimate, whether it is right of the government not to abide higher court ruling on its actions and non-actions regarding implementation of the Law on Prohibiting Mineral Exploration and Extraction Near Water Sources, Protected Areas and Forests. However Higher court ruling number 687 from October 20, 2011 clearly orders the government to implement the clause 1 of the Law on implementation of the Law on Forests as well as decree number 55 of the Parliament from July 16 th 2009 on Some Measures related to passing of the new law. Without considering and studying of Higher court ruling number 687 from October 20, 2011 clearly orders the government to implement the clause 1 of the Law on implementation of the Law on Prohibiting Mineral Exploration and Extraction Near Water Sources, Protected Areas and Forests, decree number 55 of the Parliament from July 16 th 2009 on Some Measures related to passing of the new law, list of 1782 exploration licenses eligible for termination in accordance with above law, estimated damages caused by 234 of above licenses the court could not possible come to a legitimate decision. 8. Regarding omission of laws which should have been used 8.1. Our struggle of September 16, 2013 to put to an end to illegal attempts of the government to threaten Mongolian Independence, National Security, right of Mongolians to live in a healthy and safe environment should be considered as:

In accordance with clauses 40.1. and 40.2. of the Criminal Law forced defense, in other words our actions in the interests of state and society for the rights of people to live in safety should not be considered as crime. - every citizen, not depending on profession, legal duties, special training have a right to perform forced defense; - guard s right to forced self defense shall not be affected by avoiding socially dangerous acts or having had an opportunity to seek for assistance from officials or other people; - in accordance with clause 42.1 of the Criminal Law: if in an attempt to protect social interests, right to live, freedom and other rights actions drawn in special section of this law and caused damages are lesser than the ones which have been avoided, and if there was no other means of stopping this act those actions should not be considered as criminal act; 8.2. Because actions of September 16, 2013 have not caused any harm to others, no victim has been identified, no harm to society was caused, was conducted in a pure attempt to protect fundamental rights of people, in accordance with clause 16.2. of the Criminal Law Special Chapter despite having a form of criminal act, because it didn t cause any damage to the society should be treated as per rehabilitation laws. 8.3. The fact that we have called 102 to point out to the locations where trotyl was hidden, given information to secure them, and that we have voluntarily shown places where remainder of grenades were hidden and delivered them to intelligence agency officer should qualify as per clause 177.2 of the Criminal Law: it is possible to drop criminal charges if information was provided to legal agency, or person has actively participated in stopping of a crime and if there are no other incriminations. In the description of the clause 185.2 of the Criminal Law it is said that in case fire arms, military weapons, explosives have been stored without proper permits but have been voluntarily brought to concerned organizations people involved could be freed from criminal charges. Thus we are asking to dismiss District Court No. 1 Ruling number 126 from January 21, 2014 because we have been falsely accused based on wrongful interpretation of laws and reinstate our freedom and name. Please provide us with the right to fair trial as per clause 14 chapter 16 of the Mongolian Constitution and provide us with a right to represent ourselves in court. Complaint written by Munkhbayar Ts. Tumurbaatar D. Boldbaatar G.