Former Mongolian Deputy Prime Minister and human rights lawyer Oyunbaatar Tserendash has emphasised that the necessity, proportionality, and specific grounds for the pretrial detention of 95-year-old Shincheonji Chairman ManHee Lee should be carefully examined.

Tserendash stated that pretrial detention is not a punishment, but an exceptional procedural measure that must be justified by concrete circumstances. He stressed that the rule of law requires state agencies, prosecutors, investigators, courts, and defence counsel to protect fundamental rights, human dignity, and due process—regardless of a person's religion, political views, or social status.

He also cautioned against public statements by senior officials regarding ongoing criminal cases. The presumption of innocence applies not only in court but also to statements and actions by public institutions and officials. Authorities should accurately describe a person's legal status and avoid presenting allegations or unconfirmed information as established facts before a final court ruling.

Regarding Chairman Lee's detention, Tserendash said that being accused of a serious crime does not, by itself, justify detention. Courts should establish whether there is a genuine and specific risk of flight or interference with evidence. Factors such as a fixed residence, clear identity, cooperation with investigators, and whether key evidence has already been secured should be considered.

He further emphasised that Chairman Lee's age and health are relevant to the principle of proportionality. Rather than automatically releasing or detaining him based solely on his age or the seriousness of the charges, authorities should determine whether detention is truly necessary and whether less restrictive alternatives could address the identified risks.

Possible alternatives include bail, regular reporting requirements, travel restrictions, passport surrender, and house arrest. Tserendash stressed that the state bears the responsibility of demonstrating that detention is necessary, rather than requiring the individual to prove a right to freedom.

He added that the health, medical needs, and physical and psychological circumstances of people aged 95 or older should receive full consideration.

Tserendash clarified that these principles do not prejudge Chairman Lee's guilt or innocence. Rather, they reflect the fundamental principle that rights should be protected until guilt is finally established, and any restrictions on those rights should be limited to what is legally necessary.

He concluded that the strength of a rule-of-law state is measured not only by its ability to punish wrongdoing, but also by its commitment to justice, due process, and equal protection of fundamental rights.