Monday, April 9, 2012

For the record - 4

Got a call today from my investigator, letting me know that my case was being transferred to the prosecutor's office and that I could read the case file before it is transferred. Baya, the Legal Programme Manager at the LGBT Centre, came along with me as per usual to do the monitoring of the case as this is the first time that any one of our community members had lodged a very cut-and-dry sexual orientation/gender identity based hate crime complaint. After waiting in the State General Prosecutor's office for over an hour, I was finally told that I should go to the District Prosecutor's Office. I read my case and nearly hit the roof with the anger and exasperation for many reasons. First and foremost, instead of injunction that they were supposed to impose on the perpetrator, the investigator had told him it was ok to try to sort things out with me since it was only a "light crime", consequently I apparently got many calls from the criminal's number. And since my phone went frazzled about a month ago, I never picked up his number, thank god. But instead of understanding the nature of a hate crime, the investigator herself tells the dude to contact me. Is it me, or is the pciture totally fucked? Second, all of the doctors'/hospitals' conclusions about my injuries specified my sex as male, because that's who I am, and that's what I look and sound. In the case file, they had CORRECTED even their own sheets from male, which was how it was indicated from the first instance report onwards, to female. After I had explained everything to the police, on two separate occasions, that I was a transman. Third, the court hospital's illiterate copying off the Orbita hospital's conclusion, that is, putting a comma where it should not have been, led to an extremely lightened version of the injuries sustained by me, the conclusion without the future projection of what that injury could lead to in the future, blindness, for instance, and/or other serious neurological disorder. Fourth, a flagrant breach of the Criminal Procedure Code - an email from my own sister to her ex detailing how she was concerned that I did not beat up her ex, that is Ganzorig Erdenedalai, and that yes, it was indeed me that he met, that I sure did know that he didn't recognise me (a random attack?!), and that yes, I was very, very ill, and that the family was no longer able to help me. That was a kick in the teeth, the Nth kick from her. As I had sworn last year that I no longer had a sister, I still no longer have a sister. Indeed I seem to be on my own completely, except for my mother. Fifth, neither the police, nor the court hospital ever took my pictures, nor did they even request my hospital records and conclusions, which is a must at the investigation stage. So the case is now with the Chingeltei District Prosecutor's Office. Of course, the National Human Rights Commission is appraised of the case, and they will also be updated on today's discoveries. And I leave on 15 April morning.

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