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UPDATE(MONGOLIA): MP Gundalai released from detention centre

July 28, 2003

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Updated Appeal 28 July 2003
[FA-29-2003: MONGOLIA: MP Gundalai arrested on his way to a democracy conference on July 25, 2003]
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UP-29-2003: MONGOLIA: MP Gundalai released from detention centre

MONGOLIA: Update on the arrest of MP Gundalai
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Dear Friends,

The Asian Human Rights Commission (AHRC) is delighted to inform you that MP Gundalai has been released from detention 25 hours after he was arrested at the airport in Ulaanbaatar on July 24, 2003. The Liberty Centre reported that on Friday July 25 Gundalai was released. In addition to the information below, more details of the case are available at the Liberty Centre web site at <www.libertycenter.org.mn>.

Public cheers as Gundalai is freed

MP Gundalai was released from the detention centre Gants Hudag at about 3:30 p.m. on July 25. Mr. Davaajav, the capital city prosecutor, issued a decision to free Gundalai, concluding that the police had broken several laws of Mongolia while arresting him. Gundalai went to the Democratic Central Office, which was full of party supporters and journalists, at about 6 p.m. and was cheered by everyone who worked for his release.

At 7 p.m., Gundalai was invited by Mr. Tumur-Ochir, the speaker of the State Great Hural (Parliament) of Mongolia, to meet with him. During the meeting, Tumur-Ochir said that he established a working group to investigate Gundalai's arrest that would report to Parliament. Gundalai and former MP Ganbold Da expressed serious concerns about the police¡¯s repeated illegal behaviour and urged Parliament to identify the people who were responsible. Gundalai said that the final responsibility should rest with the Ministry of Justice and Internal Affairs, which manages police operations.

Immediate reactions of Mongolian mass media and public

All press companies quickly took measures to disseminate information about Gundalai's arrest and to initiate actions by the people against his detention. For example, all of the newspapers published news about Gundalai's arrest on their front pages on July 25. The newspaper Mongol Times, which usually prints about 5,000 copies, printed 200,000 copies and distributed them for free to the people. Some daily newspapers, like Udriin Sonin, distributed half of their copies for free. Photos and videotapes on the arrest of Gundalai were also offered for free to all of the media. Thanks to the immediate actions taken by the media, the people of Ulaanbaatar were widely informed about the details of Gundalai's arrest.

At about 10:30 a.m. on July 25, about 3,000 to 4,000 people demonstrated in the square of the Democratic Central Office to call for democracy and Gundalai's immediate release. After criticising the national TV station for not showing the true picture of the arrest, all demonstrators walked from the centre of the city to the national TV station and protested for more than four hours. The demonstrators continued to call for Gundalai's release and democracy in front of the national TV station building until 4 p.m. After hours of protest, Gundalai was released from the detention centre Gants Hudag at about 4 p.m.

Gundalai says it was Nyamdorj¡¯s job

After being released, Gundalai told journalists that he thought the arrest was arranged by Mr. Nyamdorj, a MP and the minister of justice and internal affairs.

On May 19, 2003, Gundalai held a press conference and announced that he received 45 pages of top-secret material from an anonymous source, which showed that Nyamdorj had contacted a foreign intelligence agent. At the press conference, he expressed his opinion that Nyamdorj should be investigated. Nyamdorj immediately denied this accusation and filed a complaint against Gundalai for libel. The public dispute between the two politicians still continues.


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Update
Document ID :
UP-29-2003
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.