CAT/C/MNG/CO/1
The State party should ensure that mandatory training for judges, prosecutors,
court officials, lawyers, and other related professions includes all the provisions
of the Convention, especially the absolute prohibition of torture. The State
party may wish to consider international assistance with regard to the training.
Public officials and medical personnel dealing with detainees and all
professionals involved in the documentation and investigation of torture should
receive training on the Manual on Effective Investigation and Documentation
of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(the Istanbul Protocol).
Training of law enforcement officials
15.
The Committee is concerned by reports that police are inadequately trained in crowd
control and the use of equipment, that often they do not have instruction on the appropriate
use of firearms and on the prohibition to use excessive force (art. 10).
The State party should ensure that law enforcement officials receive proper
training on how to exercise their duties, including on the use of equipment, on
the use of force that is appropriate for the type of manifestation and that such
force is employed only exceptionally and proportionally. Police should be
trained in and comply with the Code of Conduct for Law Enforcement Officials
(adopted by the General Assembly through resolution 34/169 of 17 December
1979) and the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials (adopted at the Eighth United Nations Congress on the
Prevention of Crime and the Treatment of Offenders, held 27 August –
7 September 1990).
Conditions of detention
16.
The Committee is concerned about conditions of detention in some facilities, such as
overcrowding, poor ventilation and heating, inadequate toilet facilities and water supply
and the spread of infectious diseases. In addition, the Committee is concerned with illtreatment such as the mixing of convicted prisoners and pretrial detainees, arbitrary room
changes, and prison guards encouraging convicted prisoners to be abusive towards certain
detainees. The Committee is also concerned by the special isolation regime consisting of
solitary confinement for prisoners serving 30-year sentences, some of whom told the
Special Rapporteur on the question of torture that they would have preferred the death
penalty to isolation. The Committee is particularly concerned by reports that death row
prisoners are detained in isolation, kept handcuffed and shackled throughout their detention
and denied adequate food. Such conditions of detention were described by the Special
Rapporteur as constituting additional punishments which can only be qualified as torture as
defined in article 1 of the Convention (arts. 11 and 16).
The Committee recommends that the State party abolish the special isolation
regime and ensure that all prisoners are treated humanely and in accordance
with the Standard Minimum Rules for the Treatment of Prisoners (approved
by the Economic and Social Council in its resolutions 663 C (XXIV) of 31 July
1957 and 2076 (LXII) of 13 May 1977) and the Body of Principles for the
Protection of All Persons under Any Form of Detention and Imprisonment. The
State party should continue improving conditions of detention in all detention
facilities to bring them in line with international standards. The State party
should ensure that prison guards and other officials abide by the law and
adhere strictly to rules and regulations. The State General Prosecutor’s Office,
the National Human Rights Commission and other authorized independent
6