E/CN.4/2006/6/Add.4 page 21 5. By letter dated 22 September 2005, the Government informed the Special Rapporteur that correctional officers at Prison No. 461 have been detained and a criminal investigation was under way. 6. Batjargal Bayarbat, aged 41. He is currently detained in solitary confinement at Prison No. 405, serving a 30-year sentence for a multiple murder conviction in 2001. Following his arrest and during his three-year detention in Gants Hudag (i.e. prior to his transfer to Prison No. 405 in 2004), he was allegedly tortured to force him to make a confession. He remained handcuffed and shackled for three years, burned with cigarettes, beaten with batons and by other prisoners. He was unable to eat and lost almost 56 kg. At the time of the visit of the Special Rapporteur on 8 June 2005, he was examined by an independent doctor and the scars and marks around his wrists and ankles, as well as scars all over his body, were evident and cons istent with his account of torture and ill- treatment. It was apparent that he had lost a significant amount of weight. The Special Rapporteur requests information on the measures taken to inquire into the allegations of torture and ill- treatment. In addition, since the conviction seems to have been based on a confession obtained under torture in violation of article 15 of the Convention against Torture, Mr. Bayarbat is entitled to a new trial and/or release. 7. The Government reported that Batjargal Bayarbat had received medical treatment at the Central Prison Hospital once. Since he was imprisoned he had not lost any weight; he currently weighed 59 kg and his health was normal. The complaints he made to the Supreme Court and the General Prosecutor’s Office were registered and transmitted to the appropriate organizations. The Special Rapporteur maintains his opinion that the evidence leading to his conviction was based on torture and that Mr. Bayarbat is entitled to a new trial, or release, and compensation. 8. Mr. Ganbaatar, Prison No. 405, ordinary regime. Upon his arrival in January 2003 he was subject to beatings, including being hit on the head with a truncheon for being late for rollcall, and often at the hands of guards. On one occasion he was taken to a cell, handcuffed to a wall with his arms above his head, beaten and left in that condition overnight. On the day the Special Rapporteur visited, 8 June 2005, Mr. Ganbaatar said that his last beating had been on 27 May, when he was to sit down with his hands cuffed behind his knees and beaten with truncheons. An independent doctor examined him, and the bruising on his face and body was still visible at the time of the visit and consistent with the account of the beatings. Mr. Ganbaatar indicated that complaints were ignored. Among the prisoners it was generally acknowledged that beatings by prison guards, normally with truncheons, were routine and occurred usually when prisoners defied the guards, violated prison regulations, or for trivial reasons, suc h as looking out the window while working. There were occasions, for example, when prisoners, who cooked food for guards, would be beaten because the guards did not like the ir meals. Prisoners often did not request medical treatment because the doctors would inform the guards and further beatings would follow. The Special Rapporteur requested information on the measures taken to inquire into and address the allegations of ill- treatment, but he has not yet received a reply. 9. Sede v Bataa, aged 37. On 9 June 2005, the Special Rapporteur was denied access to him by Mr. Ochirbat, Head of Zuunmod Pre-trial Detention Centre, in violation of the terms of reference for the visit to Mongolia agreed upon by the Government and despite credible information that he had been tortured, including by being kept handcuffed and shackled 24 hours a day on death row (see the urgent appeal dated 20 July 2005). The Special Rapporteur was later informed that Mr. Bataa died on 22 July 2005 in Prison No. 405, following his transfer from