E/CN.4/2006/6/Add.4
page 13
41.
While a legal framework for victims to make complaints and have them addressed
currently exists, this system does not work in practice. Despite the establishment of the
Investigation Office of the Prosecutor’s Office, the unit does no t presently have the capacity to
carry out its work effectively. On 6 June 2005, the Special Rapporteur met with the Head of the
Investigation Office, Mr. B. Galdaa, who acknowledged the operational shortcomings. Among
other things, these included insufficient office space and basic equipment, and the fact that
80 per cent of their 24- member staff is recent university graduates without relevant investigative
experience. Moreover, the Investigation Office cannot carry out ex officio investigations; it can
only act in respect of those cases passed on to it by prosecutors. The Special Rapporteur also
observed that victims often do not complain out of credible fear of reprisals, and because of a
perceived lack of confidence that their complaints will be effectively addressed.
42.
The sum consequence of the above is no effective and adequate justice for victims of
torture and ill- treatment, nor recourse for securing compensation and rehabilitation.
III.
CONDITIONS OF DETENTION
43.
Of the facilities visited, the Special Rapporteur found Prison No. 421 (Amgalan),
ordinary regime, and Prison No. 413 (Zuunkharaa), strict regime, to be generally in line with
international standards. They were open, dormitory-type prisons, relatively well maintained, and
the Special Rapporteur did not receive any significant complaints or allegations of ill- treatment
from the detainees he interviewed.
44.
At the Centre for Forced Detention, the main police detention facility in Ulaanbaatar, on
the day of the visit, in a facility with a capacity of 97 bunks there were 217 persons sentenced to
seven to 30 days in detention, and 48 persons being held in custody for 72 hours; more than half
the detainees were forced to sleep on the floor. One meeting room of 8 x 6 m was even used as
sleeping quarters for over 100 detainees, according to the chief of the centre, Mr. B. Ochirbat.
Bedding material was provided in the evening, the rooms were cold and the heat was not turned
on. Of eight cells with a capacity of 8-10 persons, one was designated for women. The facility
was relatively clean, though the toilets and showers appeared to be in poor condition. While
there were no allegations of ill- treatment, the main complaints were overcrowding, particularly
in relation to sleeping, and the monotonous daily routine of having nothing to do except remain
quietly in the courtyard from 7 a.m. until 11 p.m.
45.
At Detention Centre No. 461 (Gants Hudag) and Zuunmod Detention Centre, the Special
Rapporteur also expressed concern about overcrowded cells, but more particularly at the mixing
of convicted prisoners and pre-trial detainees, contrary to article 10.2(a) of the Covenant.
46.
The Special Rapporteur’s most serious concerns, however, were in relation to the
situation of prisoners subjected to the special isolation regime at Prison No. 405, and on death
row at detention centres such as Gants Hudag and Zuunmod.
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