CAT/C/MNG/CO/1 Human Rights Commission showing that of 100 detained people who were interviewed, 88 replied that they were ill-treated by being beaten or assaulted during arrest and interrogation. The Committee is concerned at reports that arrested persons were detained in overcrowded facilities, with lack of access to food, water and toilets for 48 to 72 hours, and without the possibility to contact lawyers and families (arts. 2, 12 and 16). The State party should ensure that law enforcement officials receive clear instructions regarding the use of force and are informed of the liabilities they incur if the use of force is unnecessary or excessive. Existing laws, including those informing the public about the imposition of a state of emergency, should be applied. The State party should ensure that law enforcement officials apply the law with regard to persons deprived of their liberty, including fundamental legal safeguards upon arrest, with strict adherence to the Body of Principles for the Protection of All Persons under Any Form of Detention and Imprisonment (adopted by the General Assembly through resolution 43/173 of 9 December 1988) and that persons deprived of their liberty should have access to a lawyer, a medical doctor and their family. In order to prevent impunity and abuse of authority, law enforcement officials found guilty of such offenses should be sanctioned with appropriate legal and administrative penalties. Complaints and prompt, impartial and effective investigations 11. The Committee is gravely concerned that since 2002, only one person has been sentenced for inhumane and cruel treatment and that only one person was convicted out of 744 torture-related cases since 2007, therefore creating an environment of impunity for perpetrators. This was echoed by the Special Rapporteur on the question of torture, who stated that “while a legal framework for victims to make complaints and have them addressed currently exists, this system does not work in practice” (E/CN.4/2006/6/Add.4, para. 41) and that “consequently, victims have no effective recourse to justice, compensation and rehabilitation for torture and other forms of ill-treatment” (ibid., p. 2). The Committee is also concerned that in the aftermath of the 1 July 2008 events, all 10 complaints submitted to the National Human Rights Commission (four of which concern torture) and the 11 complaints submitted to the Prosecutor’s Office were dismissed for lack of evidence (arts. 2, 12 and 13). The State party should ensure that independent and effective mechanisms to receive complaints and conduct prompt, impartial and effective investigations into allegations of torture and ill-treatment are in place. The State party should address impunity and ensure that those found guilty of committing acts of torture and ill-treatment should be promptly convicted. The State party should take measures to protect complainants, lawyers and witnesses from intimidation and reprisals, in accordance with article 13 of the Convention. The State party should provide information with regard to any investigation carried out into allegations of torture submitted by Mr. Ts. Zandankhuu, who was arrested on 2 July 2008 and taken to the Denjiin Myanga detention centre. National Human Rights Commission. 12. The Committee notes that the National Human Rights Commission enjoys “A” status as a national human rights institution established in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles) and can initiate proposals and transmit orders and recommendations to other entities with respect to human rights issues. However, the Committee is concerned that in relation to the 1 July 2008 events in Sukhbaatar Square, the Commission issued a statement indicating that “human rights were not infringed” during 4

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