CAT/C/MNG/CO/1
Human Rights Commission showing that of 100 detained people who were interviewed, 88
replied that they were ill-treated by being beaten or assaulted during arrest and
interrogation. The Committee is concerned at reports that arrested persons were detained in
overcrowded facilities, with lack of access to food, water and toilets for 48 to 72 hours, and
without the possibility to contact lawyers and families (arts. 2, 12 and 16).
The State party should ensure that law enforcement officials receive clear
instructions regarding the use of force and are informed of the liabilities they
incur if the use of force is unnecessary or excessive. Existing laws, including
those informing the public about the imposition of a state of emergency, should
be applied. The State party should ensure that law enforcement officials apply
the law with regard to persons deprived of their liberty, including fundamental
legal safeguards upon arrest, with strict adherence to the Body of Principles for
the Protection of All Persons under Any Form of Detention and Imprisonment
(adopted by the General Assembly through resolution 43/173 of 9 December
1988) and that persons deprived of their liberty should have access to a lawyer,
a medical doctor and their family. In order to prevent impunity and abuse of
authority, law enforcement officials found guilty of such offenses should be
sanctioned with appropriate legal and administrative penalties.
Complaints and prompt, impartial and effective investigations
11.
The Committee is gravely concerned that since 2002, only one person has been
sentenced for inhumane and cruel treatment and that only one person was convicted out of
744 torture-related cases since 2007, therefore creating an environment of impunity for
perpetrators. This was echoed by the Special Rapporteur on the question of torture, who
stated that “while a legal framework for victims to make complaints and have them
addressed currently exists, this system does not work in practice” (E/CN.4/2006/6/Add.4,
para. 41) and that “consequently, victims have no effective recourse to justice,
compensation and rehabilitation for torture and other forms of ill-treatment” (ibid., p. 2).
The Committee is also concerned that in the aftermath of the 1 July 2008 events, all 10
complaints submitted to the National Human Rights Commission (four of which concern
torture) and the 11 complaints submitted to the Prosecutor’s Office were dismissed for lack
of evidence (arts. 2, 12 and 13).
The State party should ensure that independent and effective mechanisms to
receive complaints and conduct prompt, impartial and effective investigations
into allegations of torture and ill-treatment are in place. The State party should
address impunity and ensure that those found guilty of committing acts of
torture and ill-treatment should be promptly convicted. The State party should
take measures to protect complainants, lawyers and witnesses from
intimidation and reprisals, in accordance with article 13 of the Convention. The
State party should provide information with regard to any investigation carried
out into allegations of torture submitted by Mr. Ts. Zandankhuu, who was
arrested on 2 July 2008 and taken to the Denjiin Myanga detention centre.
National Human Rights Commission.
12.
The Committee notes that the National Human Rights Commission enjoys “A”
status as a national human rights institution established in accordance with the principles
relating to the status of national institutions for the promotion and protection of human
rights (Paris Principles) and can initiate proposals and transmit orders and
recommendations to other entities with respect to human rights issues. However, the
Committee is concerned that in relation to the 1 July 2008 events in Sukhbaatar Square, the
Commission issued a statement indicating that “human rights were not infringed” during
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