proceedings.
(f) Judges and prosecutors should ask
persons how they have were treated and
order independent medical examinations
Non-governmental sources: According the guidelines for the
administration of the CPC, a prosecutor shall visit a detained suspect
or accused at least once within 10 days, shall receive information on
his\her health condition, and shall include thee results in his report.
Government: In case of any doubt over the testimony of the suspect,
witnesses, etc., the prosecutor shall initiate an investigation to discover
the facts of the case. No cases against public officials regarding torture
or ill-treatment were initiated ex officio by judges or prosecutors.
(g) Prompt and thorough investigations
by independent authority
Investigations could not be carried out
ex officio.
Non-governmental sources: A number of complaints addressed to the
National Human Rights Commission of Mongolia (NHRCM) and the
Office of the Prosecution were reportedly dismissed for lack of
evidence, apparently without an investigation being carried out. The
Special Investigation Unit, which investigates cases involving officials
such as prosecutors, judges and law enforcement officers still lacks
capacity and staff with sufficient experience, and has been subject to
intimidation by police officers.
Through the revision of the CPC adopted on 9 August 2007, articles
26 and 27 clearly defined the boundaries of investigations, which shall
be within the competence of the Intelligence Agency, Investigation
Authority under the General Prosecutor’s Office and Anti-Corruption
Agency. The official statistical information received from the Judiciary
states that within the last three years, there have been no such cases.
109
(h) Immediate suspension from duty of
any public official indicted for abuse or
No such cases.
Non-governmental sources: Since 2002, only one person has been
punished under Article 251 of the Criminal Code for cruel, inhuman
A/HRC/13/39/Add.6
Government: Since 2002, the State General Prosecutor’s Office has
supervised the investigation of allegations of torture or cruel, inhuman
and degrading treatment by police and prosecution authority
employees, according to Article 27.2 of the Code of Criminal
Procedure. Mongolian citizens are entitled to file petitions and claims
to this authority and to the NHRCM. In 2007, seven criminal cases of
forced testimony using means such as beatings and pressure were
initiated and tried by the Criminal investigation service of the State
General Prosecutor’s Office. In 2008, only four criminal cases were
initiated and tried.
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