Torture in  [Mongolia]  [other countries]
Human Trafficking in  [Mongolia]  [other countries]
Street Children in  [Mongolia]  [other countries]
Child Prostitution in  [Mongolia]  [other countries]
 

Torture by Police, Forced Disappearance

& Other Ill Treatment

In the early years of the 21st Century                                                                        gvnet.com/torture/Mongolia.htm

State of Mongolia

Economic activity in Mongolia has traditionally been based on herding and agriculture. Mongolia has extensive mineral deposits. Copper, coal, gold, molybdenum, fluorspar, uranium, tin, and tungsten account for a large part of industrial production and foreign direct investment.

Severe winters and summer droughts in 2000-02 resulted in massive livestock die-off and zero or negative GDP growth. This was compounded by falling prices for Mongolia's primary sector exports and widespread opposition to privatization.

Description: Description: Description: Mongolia

Until late 2008 Mongolia experienced a soaring inflation rate, with year-to-year inflation reaching nearly 40% - the highest inflation rate in over a decade.  [The World Factbook, U.S.C.I.A. 2009]

CAUTION:  The following links have been culled from the web to illuminate the situation in Mongolia.  Some of these links may lead to websites that present allegations that are unsubstantiated or even false.  No attempt has been made to validate their authenticity or to verify their content.

*** ARCHIVES ***

The state of the world's human rights

Amnesty International AI, Annual Report 2012

www.amnesty.org/en/region/mongolia/report-2012

[accessed 3 Feb 2014]

IMPUNITY

Complaints of torture and other ill-treatment against law enforcement officials did not, according to available information, result in any convictions. As in previous years, the government did not publish information and statistics on investigations, prosecutions and convictions of law enforcement officials accused of torture and other ill-treatment.

TORTURE AND OTHER ILL-TREATMENT

The government passed a resolution in May on the implementation of recommendations issued by UN treaty bodies. This included plans to amend the Criminal Code to define torture as a crime in line with the UN Convention against Torture. The working group, established under the Ministry of Justice and Home Affairs in 2010 to draft amendments to the Criminal Code, appeared to make little progress. The pre-trial detention facility 461, which opened in early 2011, had installed video cameras in interrogation rooms but there were insufficient safeguards or procedures in place to monitor and prevent misuse of this equipment.

A working group, set up in June 2010 by the Parliamentary Sub-Committee on Human Rights, continued to investigate allegations of torture and other ill-treatment of Enkhbat Damiran and his lawyer. Enkhbat Damiran was kidnapped in France in 2003 and brought to Mongolia where he was charged with the murder of Zorig Sanjaasuren, a prominent pro-democracy activist and politician. Enkhbat Damiran claimed he was tortured while in detention. He died in 2007. His lawyer, Lodoisambuu Sanjaasuren (no relation to the victim), was also arrested and convicted of exposing state secrets.

UNFAIR TRIALS

Lawyers and government officials told Amnesty International that courts were corrupt and unfair trials common – including those that used confessions extracted through torture as evidence. The new pre-trial detention facility 461 and others like it lacked provisions to ensure privacy for meetings with lawyers.

Conclusions and recommendations of the Committee against Torture

U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment  -- Doc. CAT/C/MNG/CO/1 (2011)

www1.umn.edu/humanrts/cat/observations/mongolia2011.html

[accessed 4 March 2013]

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 ill- treatment. 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 ill-treatment 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.

Human Rights Reports » 2005 Country Reports on Human Rights Practices

U.S. Dept of State Bureau of Democracy, Human Rights, and Labor, March 8, 2006

www.state.gov/g/drl/rls/hrrpt/2005/62653.htm

[accessed 6 February 2013]

TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT – The law prohibits such practices and reports of such actions have diminished; however, police (especially in rural areas) occasionally beat prisoners and detainees, and the use of unnecessary force in the arrest process was common. In June at the invitation of the government, the UN Special Rapporteur on Torture conducted a fact-finding visit. At the end of his visit, he publicly expressed concern about the persistence of incidents of torture, particularly in police stations and pretrial detention facilities. The Special Rapporteur noted favorably recent efforts by authorities to combat the problem, but said the lack of an adequate legal framework to investigate and punish torture creates a climate of impunity. In 2004 the prison administration completed the installation of television monitoring systems in all 22 prisons, which contributed to a significant decline in prison guard abuse of prisoners and detainees. While the prison administration stated that there were no cases of abuse during the year, there was at least one suspicious death which was under investigation (see section 1.a.).

Freedom House Country Rating - Political Rights: 2   Civil Liberties: 2   Status: Free

2009 Edition

www.freedomhouse.org/report/freedom-world/2009/mongolia

[accessed 6 February 2013]

The judiciary is independent, but corruption among judges persists. Although the constitution prohibits unlawful arrest and detention, the police force has been known to make arbitrary arrests, hold detainees for long periods of time, and beat prisoners. According to the U.S. State Department, P. Ganbayar, a famous wrestler, died in March 2008 while in police custody. Ten police officers were arrested and charged with premeditated murder for the deaths of five people during riots following the June 2008 parliamentary elections. In recent years, prisons have been outfitted with video-monitoring systems, decreasing the incidence of beatings by guards. Nevertheless, deaths in prisons continue to be reported, due largely to disease—often tuberculosis—exacerbated by poor conditions like insufficient food, heat, and medical care.

The country’s National Commission on Human Rights (NCHR) consists of three senior civil servants nominated by the president, the Supreme Court, and the parliament for terms of six years. The NCHR has criticized the government for police abuses, poor prison conditions, lengthy detentions without trial, and other failures to implement laws related to human rights.

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Cite this webpage as: Patt, Prof. Martin, "Torture by Police, Forced Disappearance & Other Ill Treatment in the early years of the 21st Century- Mongolia", http://gvnet.com/torture/Mongolia.htm, [accessed <date>]

 

 

Torture in  [Mongolia]  [other countries]
Human Trafficking in  [Mongolia]  [other countries]
Street Children in  [Mongolia]  [other countries]
Child Prostitution in  [Mongolia]  [other countries]