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Case History: Beejin Khastamur

Status: 
Charges dropped
About the situation

On 22 August 2016, the Songinokhairkhan District Court in Ulan Bator dropped all charges against human rights defender Beejin Khastamur. According to the information received by Front Line Defenders, the trial was conducted in a fair and professional way, thanks to the presence of the French and the German ambassadors and the pressure of several international international organisations.
 
On 10 March 2016, Beejin Khastamur was charged with “a crime committed using a weapon or by a violent criminal”, despite the lack of any evidence proving the allegation. According to the police, in the aftermath of a car accident which took place on 6 February 2016 Beejin Khastamur allegedly attacked the driver of another car using a knife. Beejin was arrested on 16 March 2016, denied bail on 22 March and eventually released on bail on 31 March. If convicted, the human rights defender would have faced up to 5 years of imprisonment.

About Beejin Khastamur

falseBeejin Khastamur is the founder of Delhiin Mongol Nogoon Negdel (DMNN), a non-governmental organisation which advocates for the protection of the environment and the rights of the nomad people of Mongolia. The organisation has exposed many violations of Mongolia’s environmental laws by foreign and domestic mining companies, in which certain Mongolian politicians have a stake. It has also organised numerous workshops, public gatherings and demonstrations to educate the public on environmental issues.

2 September 2016
Charges against Beejin Khastamur dropped

On 22 August 2016, the Songinokhairkhan District Court in Ulan Bator dropped all charges against human rights defender Beejin Khastamur. According to the information received by Front Line Defenders, the trial was conducted in a fair and professional way, thanks to the presence of the French and the German ambassadors and the pressure of several international international organisations.
 
On 10 March 2016, Beejin Khastamur was charged with “a crime committed using a weapon or by a violent criminal”, despite the lack of any evidence proving the allegation. According to the police, in the aftermath of a car accident which took place on 6 February 2016 Beejin Khastamur allegedly attacked the driver of another car using a knife. Beejin was arrested on 16 March 2016, denied bail on 22 March and eventually released on bail on 31 March. If convicted, the human rights defender would have faced up to 5 years of imprisonment.

On 21-23 December 2015, Beejin Khastamur organised a sit-down strike protesting the illegal permit given to a Canadian and Mongolian joint company enabling it to mine gold right on Onon River. Since then he has received multiple threats. On several occasions people came to his house, banging on his door at night, cutting his electricity, puncturing his car tires, threatening his wife and children. The human rights defender also received death threats on the phone.

Front Line Defenders welcomes the decision of the court to drop charges against Beejin Khastamur.

5 July 2016
Upcoming trial of human rights defender Beejin Khastamur

The trial of human rights defender Mr Beejin Khastamur will start on 8 July 2016 at the Songinokhairkhan District Court in Ulan Bator. He was arrested on 16 March 2016 and denied bail on 22 March. He was eventually released pending trial on 31 March.

Beejin Khastamur is the founder of a non-governmental organisation Delhiin Mongol Nogoon Negdel (DMNN), which advocates for the protection of environment and the rights of the nomad people of Mongolia. The organisation has exposed many violations of Mongolia’s environmental laws by foreign and domestic mining companies, in which Mongolian politicians had a stake. It has also organised numerous workshops, public gatherings and demonstrations to educate the public on environmental issues.
 
On 10 March 2016, Beejin Khastamur was charged under Article 181.3 of the Criminal Code of Mongolia with “a crime committed using a weapon or by a violent criminal”, despite the lack of any evidence proving the allegation. According to the police from the Songinokhairkhan District Police Department, in the aftermath of a car accident which took place on 6 February 2016 Beejin Khastamur allegedly attacked the driver of another car using a knife. He was arrested on 16 March 2016, denied bail on 22 March and eventually released on bail on 31 March. If convicted, the human rights defender faces up to 5 years of imprisonment.

On 6 February 2016, Beejin Khastamur was involved in a car accident, during which no one was killed or injured and the material damage caused was minimal. The human rights defender was driving in Ulan Bator when a Nissan car tried to pass him on the wrong side twice and eventually hit his vehicle. Its driver got out of the car and attacked Beejin Khastamur kicking him and hitting the human rights defender in his head. Subsequently, during the forensic examination it was revealed that Beejin Khastamur sustained bruises all over his body and had a brain concussion, while the second driver had only small scratches on one of his knees. When police arrived at the scene, they concluded that the accident had been the fault of the second driver and left. However, they subsequently returned and brought Beejin Khastamur to the police station for questioning. The actions of the police have given rise to the suspicion that the accident may have been used as a pretext to target Beejin Khastamur for his human rights work.

On 21-23 December 2015, Beejin Khastamur organised a sit-down strike protesting the illegal permit given to a Canadian and Mongolian joint company enabling it to mine gold right on Onon River. Since then he has received multiple threats. On several occasions people came to his house, banging on his door at night, cutting his electricity, puncturing his car tires, threatening his wife and children. The human rights defender also received death threats on the phone.

Front Line Defenders is concerned at the charges against Beejin Khastamur, which it believes may be motivated by his legitimate and peaceful activities in the defence of environmental rights and rights of nomad people in Mongolia. Front Line Defenders calls on the Mongolian authorities to drop the charges against Beejin Khastamur, and on the judicial authorities to give full consideration to the initial police reaction and evidence made available by the defence, and ensure full respect of fair trial guarantees.

31 March 2016
Release of human rights defender Beejin Khastamur

On 31 March 2016, authorities released human rights defender Beejin Khastamur, who had been jailed since 16 March. Before releasing him, the officials made him sign a statement where he acknowledges that he will be jailed again if he ever organises or participates in any type of demonstration or public gathering. Since his release, the human rights defender has been at home.

Although he has already been formally charged, the investigation into his case is still ongoing and the Prosecutor has still to confirm the charges against him. According to the human rights defender, no action will be taken in his case until May 10, which is the last date candidates can register for the 2016 Parliament elections. Beejin Khastamur wanted to run as a candidate, but he won't be able to as he is still under investigation.

On 10 March 2016, Beejin Khastamur was officially charged with “a crime committed using a weapon or by a violent criminal” despite there being no evidence proving his guilt. According to police, in the aftermath of a car accident, Beejin Khastamur attacked the driver of another car using a knife. If convicted, the human rights defender faces up to five years of imprisonment.

The car accident occurred on 6 February 2016. Beejin Khastamur was driving in Ulan Bator when a car twice tried to pass him on the wrong side and eventually hit his vehicle. Its driver then got out of the car and attacked Beejin Khastamur, kicking him and hitting him on his head. Beejin Khastamur sustained bruises all over his body and suffered a brain concussion as a result of the incident. When police arrived at the scene, they quickly concluded that the accident had been the fault of the second driver, then left. Immediately afterwards, the second driver called the police and claimed that he had been attacked. Despite the requests of Beejin Khastamur to search him, his car and the place of the accident for a weapon, the police officers took no action.

22 March 2016
Charging and detention of human rights defender Beejin Khastamur

On 22 March 2016, the Criminal Court of Bayangol, Khan-Uul and Songinokhairkhan Districts rejected the complaint of human rights defender Mr Beejin Khastamur against the decision to detain him for interrogation at the Gants Khudag temporary detention center. The court denied a request from Beejin Khastamur's legal counsel to release the human rights defender from custody.

Download the Urgent Appeal (PDF)

Beejin Khastamur was arrested and detained for interrogation on 16 March 2016. During the hearing the counsel insisted that the interrogation of Beejin Khastamur could take place while he was at liberty and that there were no grounds to keep him in detention. Since being taken into custody, Beejin Khastamur has not been interrogated despite Mongolian law stating that he must be questioned at least once before his custody term ends. The human rights defender remains in detention at serious risk to his health due to high blood pressure and chronic kidney disease.

On the same date, four men dressed in black attempted to enter the house of Beejin Khastamur, saying they were officers from the Khan Uul district police. They banged on the door of the human rights defender's house, when his family were home, and informed Beejin Khastamur's wife that they wished to conduct a search of the house. No identifying documents were provided by the men, who left upon the human rights defender's wife saying that she would call the police.

On 16 March 2016, Beejin Khastamur was arrested in Ulan Bator on suspicion of committing a violent crime and placed in custody at the Gants Khudag temporary detention centre. The decision to detain the human rights defender was motivated by his alleged failure to report for questioning at the Songinokhairkhan District Police Department following a car accident. However, the human rights defender did in fact present himself at the station on several occasions when called; however, the detective assigned to his case was not there at those times and was not reachable by phone.

On 10 March 2016, Beejin Khastamur was officially charged under Article 181.3 of the Criminal Code of Mongolia with “a crime committed using a weapon or by a violent criminal” despite there being no evidence proving his guilt. According to police from the Songinokhairkhan District Police Department, in the aftermath of a car accident which took place on 6 February 2016, Beejin Khastamur attacked the driver of another car using a knife. If convicted, the human rights defender faces up to five years of imprisonment.

The car accident occurred on 6 February 2016. Beejin Khastamur was driving on Peace Avenue in Ulan Bator when a car twice tried to pass him on the wrong side and eventually hit his vehicle. Its driver then got out of the car and attacked Beejin Khastamur, kicking him and hitting him on his head. Beejin Khastamur sustained bruises all over his body and suffered a brain concussion as a result of the incident. When police arrived at the scene, they did quickly concluded that the accident had been the fault of the second driver, then left. Immediately afterwards, the second driver called the police and claimed that he had been attacked and soon both he and Beejin Khastamur were picked up by the police officers and brought to the 1st precinct of the Songinokhairkhan District Police Department for questioning.

The second driver claimed that Beejin Khastamur beat him and stabbed him with a knife. Despite the requests of Beejin Khastamur to search him, his car and the place of the accident for a weapon, the police officers took no action at the time nor on several other occasion when Beejin Khastamur reported for additional questioning.

Mongolian police detain protester during a sit-in, March 2016

On 21-23 December 2015, Beejin Khastamur organised a sit-in protest against an allegedly illegal permit given to a joint Canadian and Mongolian company enabling it to mine gold on Onon River. Since then he has faced constant acts of intimidation and harassment. On several occasions people have banged on his door at night, cut his electricity, slashed his car tires and threatened his wife and children. He has also received death threats by phone. 

Front Line Defenders is concerned of the detention of Beejin Khastamur and the attack and charges against him, which it believes may be linked to his legitimate and peaceful activities in the defence of environmental rights and rights of nomad people in Mongolia. 

Front Line Defenders urges the authorities in Mongolia to:

1. Immediately and unconditionally release Beejin Khastamur and drop all charges against him, as Front Line Defenders believes that he has been targeted solely as a result of his legitimate and peaceful work in the defence of human rights;

2. Carry out an immediate, thorough and impartial investigation into the attack on Beejin Khastamur, with a view to publishing the results and bringing those responsible to justice in accordance with international standards;  

3. Provide the necessary medical treatment for injured human rights defender Beejin Khastamur;

4. Guarantee in all circumstances that all human rights defenders in Mongolia are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.