E/CN.4/2006/6/Add.4
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is bound to strictly follow the law and respect the rights, freedoms and dignity of individuals,
and to treat them humanely.
16.
Despite the fact that reference is made to “torture” in various legislative and regulatory
instruments, Mongolian law does not define the term in accordance with article 1 of the
Convention, failing to include the essential elements that the act (or omission) causes severe pain
or suffering (physical or mental); is intentionally inflicted for a specific purpose; and by or at the
instigation of or with the consent or acquiescence of a public official acting in an official
capacity. Moreover, the main provision in the Criminal Code referring to torture, article 100.1,
carries a relatively lenient penalty of up to two years' imprisonment.
17.
Various other provisions of the Criminal Code criminalize acts which may fall within the
scope of the Convention, and which carry the following penalties: intentional infliction of a
severe bodily injury carried out by humiliating or torturing the victim (art. 96.2.8), seven to
10 years' imprisonment; less severe bodily injury by torturing the victim (art. 98.2), three to five
years' imprisonment; forcing of testimony by an interrogator or investigator by threat, violence,
torture, humiliation, deception or other illegal methods (art. 251.1), up to five years'
imprisonment, or five to 10 years in circumstances where there is severe or less severe bodily
injury; negligent homicide (art. 94), up to four years' imprisonment; bringing to suicide through
brutal treatment or systematic humiliation (art. 95), two to five years' imprisonment; infliction of
severe bodily injury by negligence (art. 97), up to two years' imprisonment; intentional infliction
of a minor bodily injury (art. 99), three to six months' imprisonment; failure to provide assistance
to a patient (art. 106), three to six months' imprisonment; failure to provide assistance to a person
who is in a condition endangering his/her life or health (art. 107), three to five years'
imprisonment; exceeding of authority by a State official with the use of violence or threat such
that it has caused extensive harm (art. 264.2), up to 5 year’s imprisonment; and neglect of duty
by a State official causing grave harm (art. 272), three years' imprisonment.
18.
As to administrative sanctions for torture and ill-treatment by police and prison officials,
there is a police disciplinary board empowered to order administrative sanctions which can
include a reduction in pay, loss of rank or termination of employment. The Court Decision
Enforcement Agency can discipline prison officials in a similar manner.
Safeguards against torture and ill-treatment during arrest and detention
19.
The law relating to arrest and detention is found primarily in the Constitution, CPC, the
Law on the Execution of Decisions on Arrest and Detention of Suspects and Accused, and the
Police Law.
Arrest, preliminary detention and interrogation
20.
Constitutional safeguards for persons during arrest and detention are provided in
article 16, and include the notification of family and counsel, within a period of time established
by law, of the reasons for arrest (art. 16.13) and the right to a defence and to receive legal
assistance (art. 16.14).
21.
CPC elaborates on the rights of suspects upon arrest. According to articles 35.2, a suspect
has, among other things, the following rights: to know the crime of which he or she is suspected