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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