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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