CAT/C/MNG/CO/1 the state of emergency. The Committee is concerned that this statement was subsequently used by the judiciary to dismiss complaints about torture and ill-treatment and to force people to sign self-incriminating confessions on the basis of which they were then sentenced (arts. 1, 2, 4, 13, 15 and 16). The State party should ensure that the appointment process of the National Human Rights Commission governing body is transparent and that consultations should be comprehensive and open, including an enhanced engagement with civil society. The State party should strengthen the independence and capacity of the Commission and ensure that it is not restricted in its activities. The Commission should be provided with human, financial and material resources enabling it to fully comply with its mandate. The Commission should have the capacity and powers to systematically visit all places of detention, also on an unannounced basis, should be able to address allegations of torture and should ensure that measures of redress and rehabilitation are taken in appropriate cases. The Commission should be included in trainings on the absolute prohibition of torture for law enforcement personnel and staff of the criminal justice system. The Commission should also be involved in conducting awareness-raising campaigns on human rights issues for the general public. Non-refoulement obligations 13. The Committee is concerned that from 2000 to 2008, Mongolian authorities implemented deportation decisions for 3,713 citizens from 11 countries. The Committee is also concerned that no deportation order was suspended or not implemented because the person to be deported was under the threat of being tortured in the country of destination. It is concerned further that in October 2009 an asylum-seeker and his family were deported to China against their will before a final decision on the asylum claim was made (art. 3). The State party should take all legislative, judicial and administrative measures to comply with its obligations under article 3 of the Convention. When determining its non-refoulement obligation, the State party should assess the merits of each individual case. The State party should introduce amendments in its legislation that deal with forced deportations of foreign citizens. The State party should consider acceding to the 1951 Convention relating to the Status of Refugees (adopted by the General Assembly on 28 July 1951) and its 1967 Protocol. The State party should provide training to all law enforcement and immigration officials in international refugee and human rights law, emphasizing the principle of non-refoulement, and ensure that appeals to courts against deportation orders have a suspensive effect. Training of the judiciary 14. While noting that international instruments become effective as domestic legislation upon the entry into force of the laws on their ratification or accession, the Committee is concerned by the delegation’s statement that judges have limited knowledge of international instruments, including the Convention. This concern is also referred to by the Special Rapporteur on the question of torture, who noted a “basic lack of awareness, primarily on behalf of prosecutors, lawyers and the judiciary, of the international standards relating to the prohibition of torture” (E/CN.4/2006/6/Add.4, para. 40). The Committee is particularly concerned by the information it received that clients of lawyers who referred to international treaties and conventions in their defence were sentenced to longer prison terms (art. 10). 5

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