identification of the person who committed the crime as prescribed by law. It was noted that the provisions of the law
were approved as part of the policy to prevent interference.
6. The purpose of the law to prevent obstacles to work such as secret operations in the field of detecting criminal cases
and identifying the person who committed the crime is to protect human rights and freedoms and strengthen social
order, which is stated in Article 38, Part 2, Clause 7 of the Constitution of Mongolia. It is a legitimate goal of the state
that falls within the mandate of the Government to take measures to fight crime. However, within the scope of this goal,
the law restricts the right of citizens to protect themselves from intrusions aimed at collecting, transmitting, and secretly
obtaining personal secrets and information.
Sixteenth Article of the Constitution of Mongolia, a citizen has the right to protect the inviolability of his family,
correspondence, and home from illegal attacks and to have it protected by law. This is a regulation related to the
prevention of attacks by individuals and other persons, as well as government institutions and officials. The right to
privacy and freedom of the citizen guaranteed by the Constitution of Mongolia is related to the respect of human
dignity and aims to protect the personal space of the citizen to live independently and express his identity, opinions,
beliefs and feelings free from illegal attacks by others.
7. This right can be limited by law in the case of detection of a criminal case or danger to public interest, but the
restriction of the right to freedom and inviolability of an individual must be consistent with the principle of
proportionality. In this dispute, it is believed that the goal of the relevant regulation of the law is to detect criminal cases
and identify the person who committed the crime by prohibiting the possibility of protecting the private life and privacy
of the citizen and preventing external attacks .
It is possible to achieve the purpose of the law without restricting the right to personal integrity and freedom. For
example, depending on the purpose of using detection equipment and devices, the law may set restrictions on their use.
According to this, the goal of legal regulation and the measures aimed at achieving that goal are not compatible. The
purpose of the aforementioned law can be achieved by allowing a citizen to use detection devices to protect the privacy
of his personal information, home, and correspondence without hindering the enforcement of criminal identification. In
this way, the creation of conditions for restricting the right to privacy and privacy protection of citizens and their
families has more dangerous consequences than the advantages that can be obtained by fulfilling the goals of the
regulation of the law.
Therefore, the controversial regulation of the Law on Intelligence Activity does not meet the criteria set according to
the principle of legal certainty and the principle of proportionality, and as a result, the right to freedom and inviolability
of the citizen is arbitrarily violated, and the state's obligation to provide legal guarantees to ensure human rights and
freedom has been violated."
IN THE CONCLUDING SECTION:
"1. In Article 6, Section 6.3 of the Law on Intelligence Activity, "Special equipment for intelligence activity" means
techniques, equipment, their components, and programs designed for secretly finding, collecting, transmitting,
receiving, and detecting information, data, and documents. "...detection..." in Article 16 of the Constitution of Mongolia
means "the right to be inviolable and free. ... The privacy of citizens' personal and family, correspondence, and
inviolability of their homes shall be protected by law;", Article Nineteen, Section 1, "The state shall be responsible to
its citizens for the provision of legal and other guarantees ... to ensure human rights and freedoms." violated
respectively.
2. In accordance with Article 32, Section 4 of the Law on the Constitutional Procedure in the Constitutional Court, the
provision of "...detection..." in Article 6, Section 6.3 of the Law on Intelligence Activity shall be suspended from May
17, 2023. ..." is said.
Four. On June 8, 2023, the Parliament deliberated on the above judgement of the Constitutional Court and
issued Resolution No. 41. It includes:
"1. In Article 6, Section 6.3 of the Law on Intelligence Activity, "Special equipment for intelligence activity" means
techniques, equipment, their components, and programs designed for secretly finding, collecting, transmitting,
receiving, and detecting information, data, and documents refers to supply." "...detection..." in Clause 13 of the
Sixteenth Article of the Constitution of Mongolia "has the right to be inviolable and free. ... The privacy of citizens'
personal and family, correspondence, and inviolability of their homes shall be protected by law;", Section 1 of Article
Nineteen, "The state shall provide legal and other guarantees ... for its citizens to ensure human rights and freedoms
shall be responsible before." violated respectively." The judgement of the Constitutional Court dated May 17, 2023 No.
03 is unacceptable."
Five. In the comments submitted by the Office of the Prosecutor General of Mongolia to the hearing of the
Constitutional Court:
"... according to the laws in force in Mongolia, it is regulated that only authorized organizations can use special
techniques and tools for the purpose of protecting national security, human rights, and freedom from criminal attacks.
According to the content of the information and complaints filed by prominent citizens in the Constitutional Court on
controversial issues, only in case of "illegal" spying and eavesdropping, how to detect special techniques and tools and
protect the right to privacy and freedom. In this regard, there are two concepts of "illegal" encroachment: a person who
is not authorized to carry out intelligence activity has carried out intelligence activity, or an authorized organization or
official has carried out activities prohibited by law. In the above two cases, both are crimes under the Criminal Code,
and based on the investigation by the competent authorities, the court will decide the issue of guilt.
However, as a citizen, the use of special techniques and tools for the purpose of "detecting" the installation of
equipment for secretly finding, collecting, transmitting, or receiving information, data, and documents in order to
protect and prevent illegal attacks by any person is one of the two cases mentioned above interfere with the activities of