E/CN.4/2006/6/Add.4
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duty as defence counsel to make well-substantiated allegations of torture by the GIA public, and
it is the right of a torture victim to publicly disclose facts about his torture.
2.
By letter dated 22 September 2005, the Government informed the Special Rapporteur that
Enkhbat Damiran had received medical treatment during the period of his imprisonment: at the
Central Hospital of Prisons, where he continues to be treated, he received treatment eight times
in the past. In addition, he has received treatment at specialized clinics such as the oncology
clinic and in Hospitals I, II and III. His complaints were dealt with according to the relevant
rules and procedures. However, in the view of the Special Rapporteur, Mr. Damiran was
sentenced in blatant violation of international human rights law and should be released
immediately. At the same time, criminal investigations should be initiated in respect of the
alleged perpetrators of torture.
3.
The Government reported that Lodoisambuu Sanjasuuren was sentenced on 8 November
2004 to 18 months’ imprisonment in Prison No. 421 by the Chingeltei District Court. After he
had served more than half of the sentence he received a conditional early release on 9 August
2005 from the Bayanzurkh District Court. During his eight-month imprisonment he stayed at the
Central Prison Hospital for 72 days, received treatment for 72 days at the prisoners’ polyclinic,
and spent time in the prison hospital. He received cardiology treatment at Polyclinic III. The
Special Rapporteur welcomes the early release of Mr. Sanjasuuren, and appeals to the
Government to provide him with measures for his full rehabilitation as a practising lawyer. In
addition his efforts to prove his innocence and to investigate the kidnapping and torture of
Enkhbat Damiran should be fully supported by the Government. It is of the utmost importance
that the whole truth about this highly delicate case is revealed to the public and the European
countries concerned. It is also necessary that the perpetrators of all human rights violations in
this case be brought to justice.
4.
Munkhbayar Baatar, aged 35. On 17 May 2005, at around 11 a.m., he was arrested on
suspicion of murder. His detention was approved by the Bayanzurkh District Court and agreed
to by the prosecutor, and he was taken to Detention Centre No. 461 (Gants Hudag pre-trial
detention facility). Medical records at the time of his arrival at Gants Hudag do not indicate
anything untoward. On 20 May, at 11.50 a.m., he was taken by Inspector Burkhuu to
Bayanzurkh Police Station. Around 3 p.m. on that day, Mr. Burkhuu telephoned Munkhbayar
Baatar’s sister and instructed her to come for him. When she and her father arrived, they found
him in the investigator’s room badly beaten, bruised, covered in blood, vomiting, almost
unconscious and incoherent. He was taken to the court hospital immediately after photos were
taken which provide documentary evidence of his torture. Scans revealed that he had sustained
serious brain injuries, and he was admitted to the trauma hospital at around 5 p.m., where he
remained in the department of spinal and head injuries. He died in the hospital on 29 May. The
Special Rapporteur examined documentation, including photographs of Munkhbayar Baatar´s
injuries. On 7 June, he visited Gants Hudag, where the head of the facility, Mr. J. Sugarjav, and
his staff refused to cooperate with him. The Special Rapporteur eventually examined the facility
s register, and later interviewed Munkhbayar Baatar´s family on 9 June. The Special Rapporteur
concludes, on the basis of convincing evidence available to him, that Mr. Baatar had been
tortured to death only a few days before the Special Rapporteur began his visit to Mongolia, and
he requests information on the measures taken to investigate Munkhbayar Baatar’s death and to
bring the perpetrators to justice.
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