A/HRC/30/6
8.
Since the submission of the national report for the second cycle of the universal
periodic review, the State of Great Khural (Parliament) of Mongolia had ratified in April
the Optional Protocol to the Convention on the Rights of the Child on a communications
procedure, and in May, the Minamata Convention on Mercury. Furthermore, domestic
ratification of the International Labour Organization (ILO) Convention No. 176 concerning
Safety and Health in Mines and the Kampala amendments to the Rome Statute of the
International Criminal Court is expected to be completed this year.
9.
Following the commencement in 2012 of a comprehensive legal reform, Mongolia
enacted a number of laws and regulations aimed at ensuring human rights. As part of this
process, the Parliament of Mongolia was considering draft laws in the field of criminal law
that included a revised Criminal Code. The delegation of Mongolia noted there was a
lengthy time process for the reform to enjoy public support, be transparent, and be subject
to independent monitoring, and adequate human and financial resources.
10.
In response to an advanced question concerning the death penalty, Mongolia
reiterated its support for the abolition of the death penalty. On 14 January 2010, the
President of Mongolia declared a moratorium and granted a pardon to all persons sentenced
to death prior to the moratorium. In the draft Criminal Code that was currently under
parliamentary review, the death penalty was excluded from the classification of criminal
punishment.
11.
The delegation of Mongolia said it was confident that, with the ratification of the
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman and
Degrading Treatment or Punishment in 2014, the introduction of concurrent monitoring by
the Sub-Committee on Prevention of Torture, and the National Preventive Mechanism, a
tangible process in preventing torture, as well as holding perpetrators liable, would be
established. Furthermore, the National Human Rights Commission of Mongolia, based on
the relevant laws of Mongolia and its independent status from the Government, would be
assigned the functions of the national preventive mechanism in compliance with the
Optional Protocol. The delegation further acknowledged that the current definition of
torture did not include all forms of torture in compliance with article 1 of the Convention
against Torture; however, the draft Criminal Code under parliamentary review provided a
definition of torture, as well as applicable liability sanctions in accordance with the
Convention.
12.
The delegation acknowledged criticism by civil society organizations concerning the
disbandment of the Special Investigation Unit of the General Prosecutor’s Office, and the
allocation of its functions to the Anti-Corruption Authority and Police according to the
nature of the crime. Moreover, it was noted that victims of torture enjoyed the right to be
compensated for both material and moral damage caused by unlawful acts of the
investigator, prosecutor or judge.
13.
A cluster of new laws focusing on the judiciary were adopted in 2013 to strengthen
the right to a fair and independent trial. These included the separation by law of court
administration and court procedure, which ensured that judges were free from
administration management and its influence. Moreover, all court hearings were recorded
as they were equipped with video and audio surveillance. Court decisions were published
on the court’s website with the exception of closed court hearings as required by law,
enabling access for all stakeholders to analyse and review court decisions, the application
of laws, and the exercise of the rights of the case participants in the court hearings.
Measures were also being taken to gradually increase the salaries of judges.
14.
In response to an advanced question regarding human trafficking, the delegation
explained that in 2012 the Law on Combatting Human Trafficking was enacted. In addition
to concluding bilateral agreements on cooperation to combat crimes of human trafficking
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