A/66/44
para. 41) and that “consequently, victims have no effective recourse to justice,
compensation and rehabilitation for torture and other forms of ill-treatment” (ibid., p. 2).
The Committee is also concerned that in the aftermath of the 1 July 2008 events, all 10
complaints submitted to the National Human Rights Commission (four of which concern
torture) and the 11 complaints submitted to the Prosecutor’s Office were dismissed for lack
of evidence (arts. 2, 12 and 13).
The State party should ensure that independent and effective mechanisms to receive
complaints and conduct prompt, impartial and effective investigations into allegations
of torture and ill-treatment are in place. The State party should address impunity and
ensure that those found guilty of committing acts of torture and ill-treatment should
be promptly convicted. The State party should take measures to protect complainants,
lawyers and witnesses from intimidation and reprisals, in accordance with article 13
of the Convention. The State party should provide information with regard to any
investigation carried out into allegations of torture submitted by Mr. Ts.
Zandankhuu, who was arrested on 2 July 2008 and taken to the Denjiin Myanga
detention centre.
National Human Rights Commission
(12) The Committee notes that the National Human Rights Commission enjoys “A”
status as a national human rights institution established in accordance with the principles
relating to the status of national institutions for the promotion and protection of human
rights (Paris Principles) and can initiate proposals and transmit orders and
recommendations to other entities with respect to human rights issues. However, the
Committee is concerned that in relation to the 1 July 2008 events in Sukhbaatar Square, the
Commission issued a statement indicating that “human rights were not infringed” during
the state of emergency. The Committee is concerned that this statement was subsequently
used by the judiciary to dismiss complaints about torture and ill-treatment and to force
people to sign self-incriminating confessions on the basis of which they were then
sentenced (arts. 1, 2, 4, 13, 15 and 16).
The State party should ensure that the appointment process of the National Human
Rights Commission governing body is transparent and that consultations should be
comprehensive and open, including an enhanced engagement with civil society. The
State party should strengthen the independence and capacity of the Commission and
ensure that it is not restricted in its activities. The Commission should be provided
with human, financial and material resources enabling it to fully comply with its
mandate. The Commission should have the capacity and powers to systematically visit
all places of detention, also on an unannounced basis, should be able to address
allegations of torture and should ensure that measures of redress and rehabilitation
are taken in appropriate cases. The Commission should be included in trainings on
the absolute prohibition of torture for law enforcement personnel and staff of the
criminal justice system. The Commission should also be involved in conducting
awareness-raising campaigns on human rights issues for the general public.
Non-refoulement obligations
(13) The Committee is concerned that from 2000 to 2008, Mongolian authorities
implemented deportation decisions for 3,713 citizens from 11 countries. The Committee is
also concerned that no deportation order was suspended or not implemented because the
person to be deported was under the threat of being tortured in the country of destination. It
is concerned further that in October 2009 an asylum-seeker and his family were deported to
China against their will before a final decision on the asylum claim was made (art. 3).
The State party should take all legislative, judicial and administrative measures to
comply with its obligations under article 3 of the Convention. When determining its
GE.11-45568
57
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