E/CN.4/2006/6/Add.4 page 10 25. CPC provides for a lawyer to be present during interrogations (art. 41.3.1) and for the right to an interpreter (art. 35.2.5). Article 79.4 states that if the rules for obtaining and documenting evidence are not complied with or are violated, the evidence shall lose its probatory value and may not serve as a ground for a court decision. Pre-trial detention 26. For an accused person, article 36.3 of CPC provides similar safeguards to those for a suspect. 2 Measures of restraint include a promise not to leave the place of residence, personal surety, bail, and detention (art. 62). 27. Article 68 provides that pre-trial detention may be ordered for suspects, accused persons and defendants with respect to grave and extremely grave crimes, or for recidivists or extremely dangerous criminals suspected of committing a crime, to prevent them from evading an inquiry, an investigation or a trial, from hindering the establishment of the real circumstances of the case, or from re-engaging in criminal activity. Persons involved in less grave crimes may also be detained if they have violated previous measures of restraint, or if they are at risk of absconding. 28. CPC specifies in article 69.1 to 69.4 that the term of pre-trial confinement ranges from 14 days up to 30 months. Suspects under 18 can be detained for up to 18 months (art. 366.4). 29. The Special Rapporteur notes that not only is the maximum period of pre-trial detention provided for excessive, but in practice pre-trial detention is generally the rule, and there is no clear distinction between pre-trial detention and imprisonment following conviction (i.e. persons are “sentenced to pre-trial detention”); in addition, pre-trial detainees may be held with convicted persons. The Special Rapporteur considers that this recourse to pre-trial detention is contrary to the principle of the presumption of innocence and to the rule of the use of deprivation of liberty as an exceptional measure laid down by international law (Covenant art. 9, para. 3). The Committee on the Rights of the Child has expressed deep concern about the practice in Mongolia of keeping children in pre-trial detention for a prolonged period; that juvenile first offenders are sentenced to imprisonment for petty crimes; and in relation to the difficulties faced by children to be released on probation (CRC/C/15/Add.263, paras. 66-68). Imprisonment after conviction 30. Article 52 CC specifies that convicted persons shall serve their terms of imprisonment in correctional facilities of: general or ordinary regime (minimum security), for males convicted of less serious crimes, or females; strict regime (medium and high security), for males convicted of serious crimes and who have previously been imprisoned, and females convicted of grave crimes or recognized as recidivists; or special regime (high security), for males convicted of serious crimes or recognized as recidivists. Article 53 provides for the possibility of persons originally sentenced to death to have their sentences commuted to 30 years’ imprisonment upon presidential pardon, and these persons serve their terms in solitary confinement in Prison No. 405.