Recommendation (E/CN.4/2006/6/Add.4) Situation during visit (E/CN.4/2006/6/Add.4) Steps taken to implement the recommendations (a) Highest authorities declare that impunity must end Impunity existed because of a lack of a definition of torture as defined in the CAT, a lack of awareness of international standards, and no effective mechanism for receiving and investigating allegations. Non-governmental sources: The culture of impunity persists. Government: Since 2007, of 744 torture related cases, 14 were investigated, of which 10 cases were acquitted and 1 suspended by the Prosecutor’s office. Of the 3 cases brought to court, 2 were acquitted and one convicted. There had not been any effective investigations by the procuracy, nor had any law enforcement officials been convicted for torture related offences. (b) Criminalisation of torture be in accordance with CAT Legislation did not include essential elements; torture was not defined in accordance with article 1 of the Convention. The main provision in the Criminal Code referring to torture, article 100.1, carried a relatively lenient penalty of up to two years' imprisonment. Non-governmental sources: Article 251 was amended in 2008 to include the word “imposing torture” and the punishment was increased. However, the article only applies to investigators and inspectors, not all public officials or persons acting in an official capacity, as required by CAT. It also does not include provisions on the attempt to commit torture or complicity or participation in torture. Moreover, the Criminal Procedure Code does not ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made, as required by the CAT. There is concern that the draft Assorted Criminal Code of Mongolia currently under consideration does not include safeguards against impunity for human rights violations. Torture is not expressly defined as a crime in the draft Code in accordance with CAT. The draft code would also prohibit investigations and prosecutions of crimes under international law including torture which occurred before the enactment of the Code. A/HRC/13/39/Add.6 107 Government: All actions and activities concerning torture are prohibited in the Mongolian constitution and other legislation. Article 16.13 of the Constitution and 10.4 of the Code of Criminal Procedure include the prohibition: “No person shall be subjected to torture or to inhumane, cruel or degrading treatment.” Amendments to the Civil