E/CN.4/2006/6/Add.4 page 9 of committing to be presented with an arrest warrant; to remain silent; not to incriminate oneself; and to have a lawyer and have private meetings with him or her. 1 22. In Mongolia persons may be deprived of their liberty in different facilities and by various agencies: under the jurisdiction of the Ministry of Justice and Home Affairs, particularly the General Department of Police, the General Authority for Border Protection and the General Authority for Implementing Court Decisions; the Central Intelligence Agency under the Prime Minister’s Office; and in institutions under the Ministries of Defence and Health. In general, detention centres are classified as police lock-ups (up to 72 hours) or pre-trial detention facilities (up to 30 months); prisons are long-term facilities (i.e. for sentences over six months), consisting of ordinary, strict and special regimes; and confinement centres are typically for serving sentences of one to six months in relation to administrative offences (e.g. drunkenness). Authorities responsible for detention (i.e. the General Authority for Implementing Court Decisions) and interrogation (i.e. the General Department of Police) are under the jurisdiction of the same Ministry and supervise the same facilities particularly detention centres, which often accommodate a police lock-up, a pre-trial facility and a prison (some even include special regimes, such as death row), such as Detention Centre No. 461 (Gants Hudag). 23. CPC specifies rules relating to the time limits for preliminary detention: according to article 59.5 and 59.6, a suspect can be detained up to 72 hours before a court decides to charge or release him or her (i.e. police can detain someone for 24 hours before seeking a warrant and within 48 hours a judge has to decide to order detention on remand or release). Without a court decision, after 72 hours a person must be released. A person’s family or lawyer must be informed of the arrest and detention within 24 hours, according to article 61. 24. Provisions in other legislation also provide for detention, such as: article 6.4 of the Law on the Execution of Decision on Arrest and Detention of Suspects and Accused (a suspect may be detained for up to 14 days in disciplinary cells of military divisions and corps stationed in locations distant from administrative centres and settlements); article 24.3 of the Police Law (the police may take into custody a person suspected of committing a crime or an administrative offence for a period of up to six hours with the purpose of verifying identification and address, as well as for establishing grounds for arrest); article 13 of the 1992 Administrative Law (a soum district governor, authorized police officer, border authority representative, or the deputy or assistant may take an offender into custody according to administrative procedures, if necessary, to terminate an act in progress, or for the purpose of filing the offence. The period for “custody according to administrative procedures” shall not exceed six hours); article 1 of the 1994 Law on Provisional Custody of an Unsupervised Child (a police officer may take into custody for a period of up to 48 hours a child under the age of 16, whose place of residence and parents or guardians are not identified and there is a potential threat to his or her life or health due to lack of supervision); article 12.1.5 of the 1999 Law on the Intelligence Service (custody of a suspect under the jurisdiction of the Central Intelligence Office without a specified time period); and article 33 of the 1993 State Border Law (a police officer may take into custody a person who has violated the State border or border-zone regime for a period of up to three hours with the purpose of filing the violation). Thus, different officers from a number of State agencies are authorized to take a person into custody for periods of three to 72 hours or, according to the Law on the Intelligence Service, for an indefinite period of time.

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