E/CN.4/2006/6/Add.4
page 22
Zuunmod Pre-trial Detention Centre. He was informed that according to the entry in the transfer
register, Sedev Bataa was moved on 5 June 2005 (one day prior Special Rapporteur’s arrival in
Mongolia) to Prison No. 405, but the Director of Prison No. 405 stated that Sedev Bataa did not
arrive until 5 July 2005, and his whereabouts during the intervening month are unknown. On his
arrival, Sedev Bataa was bloated, unable to speak, and in very poor health. His family was not
informed of his poor health, and he did not receive treatment nor was he seen by a doctor.
Although the post- mortem listed the cause of death as tuberculosis, his body did not present the
normal indications for this disease such as appearing gaunt or emaciated. Rather, the body
showed, among other things, welts and bruising around the wrists and ankles, consistent with his
accounts of being continuously handcuffed and shackled in his cell. When he was last seen by
family members in May 2005, Sedev Bataa did not complain of tuberculosis and did not request
any treatment in that regard. Following his death, the police warned Sedev Bataa’s family that if
they registered a complaint, his body would not be returned for burial as the investigation would
be protracted. The family reluctantly complied and the body was cremated on 29 July. His
personal effects, including a diary, have not been returned. In view of the alleged death in
custody due to torture and ill-treatment of Sedev Bataa, by letter dated 2 August 2005, the
Special Rapporteur urged the Government to cooperate fully with the United Nations Country
Team in Mongolia to investigate the allegations (e.g. by ensuring access to all places of
detention, access to relevant persons and documentation), and provide a response within 15 days.
The Special Rapporteur expressed his strongest concerns about this case. First, he was denied
access to Mr. Baata when he visited Zuunmod Detention Centre and later he received convincing
evidence that Mr. Baata had been tortured to death.
10.
The Government reported that the case was under investigation by the Prosecutor’s
Office and once it had been completed information would be transmitted to the Special
Rapporteur.
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