A/66/44
penalty to isolation. The Committee is particularly concerned by reports that death row
prisoners are detained in isolation, kept handcuffed and shackled throughout their detention
and denied adequate food. Such conditions of detention were described by the Special
Rapporteur as constituting additional punishments which can only be qualified as torture as
defined in article 1 of the Convention (arts. 11 and 16).
The Committee recommends that the State party abolish the special isolation regime
and ensure that all prisoners are treated humanely and in accordance with the
Standard Minimum Rules for the Treatment of Prisoners (approved by the Economic
and Social Council in its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of
13 May 1977) and the Body of Principles for the Protection of All Persons under Any
Form of Detention and Imprisonment. The State party should continue improving
conditions of detention in all detention facilities to bring them in line with
international standards. The State party should ensure that prison guards and other
officials abide by the law and adhere strictly to rules and regulations. The State
General Prosecutor’s Office, the National Human Rights Commission and other
authorized independent bodies should be allowed to carry out regular and
unannounced visits to places of detention.
Redress and compensation
(17) The Committee is concerned that there is no effective and adequate means for
victims of torture and ill-treatment to obtain justice, compensation and rehabilitation. The
Committee is also concerned that provisions for compensation in Mongolian law do not
specify torture as a basis for compensation. This was also noted by the Special Rapporteur
on the question of torture after his visit to Mongolia (art. 14).
The State party should ensure that victims of torture can obtain redress and have an
enforceable right to fair and adequate compensation, and should enact comprehensive
legislation which includes torture and ill-treatment as a basis for compensation and
reparation.
Statements made under torture
(18) The Committee is seriously concerned that statements and confessions obtained
under torture and ill-treatment continue to be used in courts in Mongolia, which is also
referred to by the Special Rapporteur on the question of torture. He stated that the criminal
justice system relies heavily on obtaining confessions for instituting prosecutions and that
this “makes the risk of torture and ill-treatment very real” (E/CN.4/2006/6/Add.4, para. 36).
In this respect, the Committee is also concerned at reports that persons arrested in
connection with the 1 July 2008 events were interrogated under torture, and that
confessions signed under such circumstances were later used as evidence in court (art. 15).
The State party should ensure that no statement which is established to have been
made as a result of torture shall be invoked as evidence in any proceedings. The State
party should introduce systematic video and audio monitoring and recording of all
interrogations, in all places where torture and ill-treatment are likely to occur, and
provide the necessary financial, material and human resources to that end. The State
party should ensure that any statement or confessions made by persons in custody
ascertained to have been made as a result of torture or ill-treatment should not be
admissible as evidence against the person who made the confession. Such statements
and confessions should be invoked only as evidence in proceedings against the person
accused of torture or ill-treatment.
Prisoners on death row and the death penalty
(19) The Committee is concerned that information on the death penalty is classified as a
State secret and that not even the families of executed persons are informed about the date
GE.11-45568
59
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