Amnesty International Mongolia fears the country experiences serious backsliding on human rights by restricting fundamental rights and freedoms, including the right to freedom of expression, media rights, and the right to a fair trial. In particular, the government continues to selectively investigate and prosecute prominent individuals, opposition members, journalists, human rights defenders, and others who express critical opinions about the government, its policies, actions, and certain officials, arbitrarily restricting their freedoms.
Mongolia is undermining previous human rights advancements by amending laws to restrict civic space, economic, and social rights. For example, the Criminal Code[1] has been used to restrict freedom of expression of human rights defenders, journalists, and media organizations. The revised Law on State Special Protection[2] and the Law on Procedure for Organizing Demonstration and Assembly[3] unduly restricted the freedom of expression and peaceful assembly.
The present government has been informing the public about taking positive steps on policies to respect, protect, and fulfill human rights, such as enhancing human rights training and research; aligning the national regulatory framework with the Constitution of Mongolia and international human rights standards based on the human rights-focused research; proposing a package of human rights laws;[4] implementing a designated program on ensuring human rights within the ruling party’s agenda; and pledging to establish a Asia-Pacific Regional Human Rights Training and Research Center[5] to lead human rights efforts not only in Mongolia but also in the region. However, issues such as continuing impunity for corruption, human rights violations and abuses, acts of violence by different stakeholders, unequal distribution of enjoyment of natural resources, economic inequality, rising living costs, inequitable tax burdens, and violations of the right to life in a healthy and safe environment, have caused public dissatisfaction. From 2020 to 2024, people in Mongolia persistently organized multiple days of protests[6] demanding the resignation of the government and effective action against corruption. Moreover, it has become common for high-ranking government officials to make public statements that significantly undermine the independence and impartiality of the judiciary. The authorities have failed to address, in response to cases causing public frustration along with the demands raised during extended protests, the root causes of these issues in a systematic and effective manner. Instead, they have been targeting specific individuals in prosecutions and have taken advantage of scandalous cases to impose chilling effects on the critics.
Reports received by Amnesty International indicate that individuals, including public figures, opposition members, journalists, and human rights defenders who express critical opinions about certain officials, government policies or actions, are being selectively prosecuted, defamed, derogatorily labeled, and subjected to prolonged arbitrary restrictions on their freedoms. Such actions tend to intensify particularly before elections.
The night of March 17, 2025, employees of the Noorog Creative media organization were detained[7] and investigated. Amnesty International is concerned whether the investigation and detention process were conducted in accordance with the law and international human rights standards. There have been numerous instances where officials violated laws and international standards while investigating media workers' cases. For instance, the authorities restricted the attorney’s rights from fully accessing case materials during closed door hearings classified as “state secrets” related to journalists. Moreover, prominent and influential individuals often appear to be selectively targeted, discriminated, and subjected to politically motivated prosecutions. One of the cases is related to former Development Bank board member Otgochuluu.Ch and former director Munkhbat.N, where authorities imposed indefinite travel bans restricting their rights.
High ranking government officials have been making public statements before any court ruling is issued, implying the guilt of individuals under investigation in violation of the presumption of innocence and undermining the independence and impartiality of the judiciary. Even after being released, the continuous threat of new arbitrary prosecutions and limitations to their freedom, creates a chilling effect on the others. No one should be targeted or labelled or subjected to an unfair trial simply for expressing criticism or holding a different opinion.
Therefore, Amnesty International demands an end to politically motivated arbitrary arrests and prosecutions of opponents, journalists, and civil society activists to create chilling effects. If these individuals are accused of having committed criminal offenses, they must be ensured a fair trial before an independent and impartial court in compliance with international law and standards.
In doing so, it is necessary to align the investigation process with international human rights principles to respect and uphold fundamental rights and freedoms, such as the right to freedom, the inviolability of individual life, and the protection of human dignity. Principles of fair criminal trials must be strictly adhered to, including the presumptions of innocence and release pending trial; to equality of arms, including access to information necessary to challenge allegations put forward by the authorities; to uphold the journalist and media organizations right to protect the confidentiality of their sources; to be tried without undue delay, and to not have changed criminal laws apply retroactively unless they benefit the accused. Amnesty International also calls on the authorities to stop the excessive and arbitrary restrictions on the rights to be free from arbitrary detention, to a fair trial, and to freedom of expression, peaceful assembly and movement, as guaranteed by the International Covenant on Civil and Political Rights (ICCPR).
[1] Article 13.14 of the Criminal Code (revised version) adopted on December 3, 2015, as amended by the law on January 10, 2020, https://legalinfo.mn/mn/detail/11634
[2] The revised version of the Law on State Special Protection, adopted on June 5, 2024, https://legalinfo.mn/mn/detail?lawId=17140718521551&sword=%D0%A1%D1%82%D0%B0%D0%BD%D0%B4%D0%B0%D1%80%D1%82,%20%D1%85%D1%8D%D0%BC%D0%B6%D0%B8%D0%BB%20%D0%B7%D2%AF%D0%B9.
[3] The Law on the Procedure for Organizing Demonstrations and Assemblies, adopted on July 7, 1994; Article 9.3 which was amended on January 12, 2024; Article 7.7 which was amended on 5 June 2024; Article 10.1 which was amended on 12 January 2024. https://legalinfo.mn/mn/detail/252
[4] Official letter from the Ministry of Justice and Internal Affairs of Mongolia to Amnesty International Mongolia, dated August 7, 2024, No. 1/206.
[5] Battsetseg.B: We will establish a regional training and research center for human rights in our country under the United Nations. https://www.24tsag.mn/a/223251
[6] "Case studies of protests organized in Mongolia, IRIM Research Institute, 2024, https://resource4.sodonsolution.org/irim/File/2024/09/30/4p2hj3o38akrah9q/ICNL-IRIM-%D0%9A%D0%B5%D0%B9%D1%81%20%D1%81%D1%83%D0%B4%D0%B0%D0%BB%D0%B3%D0%B0%D0%B0%D0%BD%D1%8B%20%D1%82%D0%B0%D0%B9%D0%BB%D0%B0%D0%BD%202024.pdf
Amnesty International Mongolia's statement: Mongolia must protect protesters exercising their right to peaceful assembly, https://amnesty.mn/news/251