According to recent statistics, 38 persons are imprisoned in Gyandan prison for up to 30 years. (m) Death row prisoners be detained strictly in accordance with the Standard Minimum Rules for the Treatment of Prisoners Death row prisoners were handcuffed and shackled throughout their detention, held in isolation and denied adequate food. Government: 50 detainees have been sentenced, six of whom have had their sentences commuted to life imprisonment. The detainees are provided with rights as stated in the Standard Minimum Rules for the Treatment of Prisoners, and visit foreign language and computer training. (n) Moratorium on the death penalty, with a view to its abolition It was estimated that 20 – 30 persons were executed per year; but there was total secrecy surrounding the death penalty. Non-governmental sources: The Assorted Criminal Code of Mongolia currently under consideration retains the death penalty, although restricts the number of crimes it can be applied to. Those convicted of premeditated murder or assassination of a state or public figure can still be sentenced to death by shooting under the draft Code. Article 53 provides for the possibility of persons originally sentenced to death to have their sentences commuted to 30 years’ imprisonment upon presidential pardon. (o) Ratification of the OPCAT and creation of an independent monitoring mechanism OPCAT not ratified. No provision for systematic independent monitoring; although NHRCM has unrestricted access, visits to prisons by NGOs are restricted and permission is seldom granted. Government: It is prohibited to apply the death sentence to women, juveniles and the elderly (over around sixty). The Great State Hural has committed to decrease the types of cases that can receive the death sentence, and to abolish it in future. A working group has been created to conduct research on the issue. The Government has stated that the death penalty is not a permanent measure, but rather a temporary response to the criminal situation in Mongolia. No statistical data on the number of death sentences carried out is available, pursuant to Article 1(55) of the law on Approving State Secret’s list. Non-governmental sources: The Minister of Justice and Home Affairs (MJHA) has established a working group to elaborate a study on the OPCAT and on the issue of its ratification. It has met with NGOs to discuss options for a National Preventive Mechanism (NPM). The NHRCM conducts visits, and some NGOs have been able to conduct limited visits to prisons. (p) Extensive and thorough training, human rights education, and continuing education for law enforcement recruits 111 There was a basic lack of awareness and understanding of the international standards relating to the prohibition of torture among law enforcement officials, prosecutors, lawyers and Non-governmental sources: The NHRCM includes training for the prevention of torture among law enforcement officers in its human rights education program. In 2009, human rights topics were included in the obligatory curricula for lawyers, in particular on the prevention of torture, court sub-committees, the prosecutor’s office, lawyers’ A/HRC/13/39/Add.6 Government: A working group to study the issues relating to the entry of Mongolia to the Optional Protocol to the Convention against Torture was established by the MJHA, and appropriate research is being carried out.

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