A claim for inmate death in prison dismissed
http://www.zuuniimedee.mn/zm6/index.htm
April 5, 2003

G. Ganbat, 27 was convicted for theft of 26 cattle and sentenced to 6-years imprisonment. However, he died after 2 days. A cause of death was tubercles, which is a serious lung disease. Plaintiff, Ms. G. Ouynchimeg, who is the mother of G. Ganbat filed a lawsuit against the local police and prosecution departments, asking the court to rule on 30 949 mugrigs compensation and damage. According to her representatives' claim, G. Ganbat was malnourished and for 11 months arrest in detention center lost his weight in 17 kilograms. He was sick at least for six months and repeatedly complained of it to his mother and other relatives who visited him in detention center. Relatives asked the prison officials to allow doctor to visit him and provide medical assistance. However, police and prosecutors did not pay adequate attention to his illness, which later caused his death. Therefore police and prosecution violated G. Ganbat's right to life and they must be hold responsible for this wrongdoing. This was G. Ouynchimeg's second attempt. Once before she appeared before this court, which dismissed the claim. She appealed against its ruling and an appeal court overturned trial court decision and reminded the case for re-hearing.

Defendants disagreed with the claim. Defending his department, local police chief, lieutenant colonial H. Enhjargal said "G. Ganbat steal 64 cattle but not 26. According to law a suspect could be hold in detention for up to 24 months, in the past it was even more 36 months. Therefore, this was unfounded claim. His mother and relatives did not complain much while G. Ganbat was hold in detention." A. Byambatsemaa, the local prosecutor, supported police chief's statement. TS. Rashzeveg, an attorney representing the state said, "Police had to detain the defendant, to prevent him escape the trial, and the prosecution every time approved the arrest warrant extension up to date. Therefore so called "police killed a detainee" was a misleading information."

Tev aimag (province) trial court after about 5 hours hearing ruled to dismiss the claim, reminding plaintiff of her rights to appeal against this court judgment. Top