2019 Mongolian constitutional crisis

The Mongolian People's Party won the 2016 elections with a super-majority of 65 seats out of 76. In November 2018 Prime Minister Ukhnaagiin Khürelsükh survived a vote of no confidence in the wake of the 2018 SME loan scandal.[2][3] Khurelsukh's supporters in Parliament eventually ousted the Speaker of Parliament Miyeegombyn Enkhbold by passing an urgent law proposed by President Battulga empowering them to dismiss the Speaker.[4] The new Speaker is Gombojavyn Zandanshatar. Khurelsukh promised to remove MANAN (abbreviation for a cross-party clique said to be ruling Mongolia) elements in power and start a sweeping clean-up of the state in order to restore justice. The Prime Minister had widespread public support on social media. The judiciary was widely seen as the only remaining branch of government that posed a threat to Khurelsukh and President Battulga. Prosecutor General M.Enkh-Amgalan was a vocal critic of parliamentarians involved with the SME loan scandal.

Shortly after the public apology in late March 2019 by Minister of Justice Tsendiin Nyamdorj for the torture of suspects indicted for the 1998 murder of Sanjaasürengiin Zorig[5], the National Security Council of Mongolia sent an urgent order dated March 25 to President Battulga. The National Security Council of Mongolia currently includes the President, Prime Minister and the Speaker of Parliament. President Battulga then swiftly proposed the law to Parliament on March 26.[6] The opposition Democratic Party criticized the law as an attempt to seize state authority by force. Many law professors, lawyers and former members of parliament protested that the National Security Council is not a constitutional body and warned of the dangers of putting the judiciary in the hands of the legislature and executive branch and what it could mean for the principle of checks and balances that underlies the 1992 Mongolian constitution. The former President of Mongolia Tsakhiagiin Elbegdorj held a press conference criticizing the law. On March 27 Parliament convened a session to ratify the law. Prior to ratifying the law the members of parliament were given a viewing of the classified torture video of the suspects of Zorig's murder. After the video was viewed in a separate hall around 6pm, the members of parliament reconvened to discuss and ratify the law.[7] Democratic Party members left the parliament hall and refused to vote. The law was ratified by a significant majority. The following day, on March 28, the Chief Justice of the Supreme Court Ts.Zorig was dismissed by Presidential order based on voluntary resignation. On the same day, March 28, the Prosecutor General of Mongolia M.Enkh-Amgalan was dismissed.[8] B.Amgalanbaatar, said to be involved with the SME loan scandal, took charge as Acting Prosecutor General.[9] Journalists were shown the torture video on March 29, 2019. Journalists then made the content of the video known to the general public through written descriptions and drawings.[10]

Amnesty International of Mongolia published an announcement on March 28 stating that the recently ratified law posed a serious threat to the independence of the judiciary and further increased the risk of illegal torture of suspects in custody.[11] Prominent lawyers said they would appeal to the Constitutional Court of Mongolia. Foreign language news did not report on the events. Mongolian media reported heavily on the events and social media such as Facebook was active with discussion. The only English language article related to the constitutional crisis was posted on the UB Post.[12] The National Human Rights Commission of Mongolia complained that Parliament only now took note of torture despite previously being notified 13 times from the Commission regarding torture.[13]