A/66/44
Impunity for acts of torture
(9)
The Committee is concerned at reports that law enforcement officials and
interrogators are not always prosecuted and adequately punished for acts of torture and illtreatment. This was also referred to by the Special Rapporteur on the question of torture,
who stated that “impunity is the principal cause of torture and ill treatment”. The Special
Rapporteur concluded that torture persists, particularly in police stations and pretrial
detention facilities, and that “the absence in the Criminal Code of a definition of torture in
line with the Convention and the lack of effective mechanisms to receive and investigate
complaints provides shelter to perpetrators” (ibid.) (arts. 1, 2, 4, 12 and 16).
The State party is urged to bring impunity to an end and ensure that torture and illtreatment by public officials will not be tolerated and that all alleged perpetrators of
acts of torture will be investigated and, if appropriate, prosecuted, convicted and
punished with penalties appropriate to the gravity of the crime. The State party
should ensure that efficient and independent investigative mechanisms be established
against impunity regarding torture and ill-treatment. Article 44.1 of the Criminal
Code, which stipulates that “causing harm to the rights and interests protected by this
Code in the course of fulfilling mandatory orders or decrees shall not constitute a
crime”, should be immediately repealed. The State party legislation should also
clearly stipulate that a superior order may not be invoked as a justification for
torture.
Ill-treatment and the excessive use of force during the 1 July 2008 events
(10) The Committee is concerned at reports that during the riots on 1 July 2008 in
Sukhbaatar Square and during the state of emergency police resorted to unnecessary and
excessive use of force. The Committee is concerned at reports that most cases of
unnecessary and excessive use of force by police occurred after the declaration of the state
of emergency. It is also concerned about the results of a survey conducted by the National
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,
56
GE.11-45568
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