E/CN.4/2006/6/Add.4
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Visits to places of detention
31.
The only provision for the monitoring of places of detention is provided in article 45 of
the Law on the Execution of Decisions on Arrest and Detention of Suspects, and Accused. It
states that prosecutors shall supervise the compliance of detention centres operations, conditions
and procedures. There is no provision for systematic independent monitoring. Although
NHRCM has unrestricted access, visits to prisons by NGOs are restricted and permission is
seldom granted.
Investigation of acts of torture and other cruel, inhuman or degrading treatment or
punishment
Complaints and investigations
32.
Articles 20, 35.2, 36.3 and 106 of CPC provide suspects and accused with the right to
lodge a complaint regarding the actions and decisions of officials to an inquiry officer, an
investigator, a procurator, the court, or the administration of the detention facility. The newly
established Investigation Office of the Procurator's Office is charged with investigating crimes
committed by police officers, inquiry officers, investigators, procurators and judges (article 27.2
CPC and article 10 of the 2002 Law on the Prosecutor's Office).
33.
According to article 70 CC, the statute of limitations is one year from the commission of
a minor crime, five years for a less serious crime, 20 years for a serious crime and 30 years for a
grave crime.
34.
Complaints can also be lodged with NHRCM in accordance with article 9 of the 2000
National Human Rights Commission Act. The Act empowers the Commission to undertake
investigations, including summoning persons, obtaining documentation, unrestricted access to
places of detention and appointing experts. The Act also empowers the Commission to submit
claims to courts and participate in judicial proceedings. According to article 12 of the Act,
complaints to NHRCM must be lodged within one year from the date of the violation or on
which the complainant came to know of the violation.
Compensation
35.
The Constitution provides for the right to be compensated for dama ge illegally caused by
others (art. 16.4). Articles 35.2 and 36.3 CPC provide for the right to be compensated for
damages due to unlawful activities of officials, and chapter 44 (arts. 388 to 397) further
elaborates on this right. However, among the grounds for compensation indicated in article 389,
such as damages resulting from unlawful sentencing, arrest and detention, there is no reference
to torture or ill- treatment.
II.
THE SITUATION OF TORTURE AND ILL-TREATMENT
36.
Over the years the Special Rapporteur has received few allegations of torture and illtreatment in Mongolia. However, as he has stated on previous occasions, the number of
allegations received is not necessarily indicative of the prevailing situation with regard to torture
in a country; on the contrary, it may be a function of the level of awareness of individuals,
lawyers and civil society of what constitutes torture and ill- treatment, as well as the international
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