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).
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