E/CN.4/2006/6/Add.4 page 19 Appendix INDIVIDUAL CASES By letters dated 20 July and 2 August 2005, the Special Rapporteur notified the Government of allegations by the following persons, whom he interviewed during the mission. The Government responded to some by letter dated 22 September 2005: 1. Enkhbat Damiran, aged 44 (subject of a previously transmitted communication for which no response has been received; see E/CN.4/2004/56/Add.1, para. 1021). On about 15 May 2003, Enkhbat Damiran, who was seeking asylum in France at the time, was beaten by officers of the General Intelligence Agency (GIA) of Mongolia outside a restaurant in Paris, smuggled across the French border in a Mongolian embassy vehicle to Brussels, and then to the Mongolian embassy in Berlin. He was held at the embassy for one night and was tortured by Mongolian agents before he was drugged and boarded in a wheelchair onto a Mongolian MIAT flight to Ulaanbaatar on 18 May. His entry into Ulaanbaatar was not registered by the border police and he was taken to a secret location outside the capital. He was tortured, unsuccessfully, to confess to the murder of the well-known politician Zorig Sanjasuuren, a former Minister of Infrastructure and a recognized champion of the democracy movement. On 24 May he was registered as a GIA informant and his entry into Mongolia was subsequently registered by the police as 25 May. During his torture, Enkhbat Damiran was, among other things, forced to sit on a stool for hours, beaten on the liver with a pistol, and was subjected to mock executions. In June 2003, Lodoisambuu Sanjaasuren, a 58-year-old lawyer, was retained by Enkhbat Damiran. In the course of his representation, Lodoisambuu Sanjaasuren videotaped a 36- minute interview of Enkhbat Damiran describing the details of his abduction and torture by the GIA. On 27 September, Channel 25, a Mongolian television station, broadcast the video. This led to criminal charges against Lodoisambuu Sanjaasuren, a former intelligence agent, and Enkhbat Damiran under article 87(1) of the Criminal Code for revealing State secrets. In November 2004, Lodoisambuu Sanjaasuren was sentenced to 18 months’ imprisonment and served his sentence in Prison No. 421 (Amgalan), an ordinary regime facility. The Special Rapporteur visited him in the medical ward on 7 June 2005, where he was under doctors’ care for a serious heart condition. He alleged that he did not receive specialist medical care and the necessary medication for his condition. On 8 June 2005, the Special Rapporteur visited Enkhbat Damiran, who is currently detained in Prison No. 413 (Zuunkharaa), a strict regime facility, and is serving a three- year sentence for having revealed State secrets. The murder charges had been dropped as they obviously had been fabricated. At the time of the visit, Enkhbat Damiran was examined by an independent doctor. It was apparent that he was in very poor health, had difficulty breathing and was suffering from cirrhosis and bleeding in his urine, among other things, and that he was in need of immediate medical treatment, including appropriate medication. Although he has been sent to the Zaisan Prison Hospital, he receives only cursory treatment there and is repeatedly sent back to Prison No. 413 despite his deteriorating health. The Special Rapporteur requests information on the measures taken to investigate the allegations of torture and ill-treatment of Enkhbat Damiran. He is aware that both men have appealed to the President for pardons, and the Special Rapporteur appealed on their behalf personally to the President on humanitarian grounds—especially because of their poor health—that they be released from custody. In addition, the Special Rapporteur is convinced that the convictions for having revealed State secrets are in violation of international human rights law. It was Mr. Sanjusuuren’s right and