A/HRC/43/51/Add.2 amendments allow the National Security Council – chaired by the President of Mongolia and composed of the Speaker of the Parliament and the Prime Minister as core members – to make recommendations to revoke judges and the heads of the public prosecutor’s office and the anti-corruption agency. 26. One day after the amendments were passed, the Chief Justice of the Supreme Court, the Prosecutor-General and the Deputy Prosecutor were dismissed by presidential order, issued upon recommendation of the National Security Council. Later, on 2 May 2019, the head of the anti-corruption agency was also dismissed. Reportedly, this initiative came at a time when several parliamentarians were being investigated by public prosecutors and the anti-corruption agency over allegations that they embezzled public funds in the context of a scandal involving small and medium-sized enterprises. 27. The Special Rapporteur is gravely concerned that the involvement of the National Security Council in the procedure for the dismissal of judges constitutes a serious breach to the principles of independence of the judiciary and separation of powers, which in turn can have a detrimental impact on democracy and human rights. 2 The Special Rapporteur is seriously concerned that these reforms may deter judges and prosecutors from taking action against corruption, as they may feel compelled, in politically sensitive cases, to follow the instructions received from the executive branch to avoid or minimize the risk of being dismissed. He recalls that in its general comment No. 32 (2007) on the right to equality before courts and tribunals and to fair trial, the Human Rights Committee stressed that the requirement of competence, independence and impartiality of a tribunal, in the sense of article 14 (1) of the International Covenant on Civil and Political Rights, is an absolute right that is not subject to any exception. In general comment No. 32, the Committee made it clear that the dismissal of judges by the executive – for example, before the expiry of the term for which they have been appointed – without any specific reasons given to them and without effective judicial protection being available to contest the dismissal, was incompatible with the independence of the judiciary (para. 20). 28. The Special Rapporteur wholeheartedly supports efforts to fight corruption that are in line with international human rights law. He notes positively that the rank of Mongolia on the Transparency International Index has improved from 103rd place in 2017 to 93rd place in 2018. He firmly believes that combating corruption is paramount to generating indispensable public revenue and to restoring public trust in the ability of the State to hold perpetrators of malpractice into account. However, he believes that the amendments made to the law on the legal status of judges, the law on the public prosecutor’s office and the anti-corruption law constitute a wrong remedy to a real problem. He has serious concerns that those reforms could prevent defenders from addressing or even speaking out against human rights violations. They present a serious risk of limiting the capacity of the judiciary to combat corruption and impunity. He underscores that appropriate measures need to be put in place to ensure legitimate action against corruption does not adversely affect judicial independence, which is a fundamental pillar of any democracy. 29. Transparency and accountability are indispensable in addressing the key challenges facing Mongolia for the future, which include irresponsible mining investments, rural exodus and related air pollution, preservation of the nomadic culture and environmental protection. The Special Rapporteur is convinced that a professional, accountable and transparent public service, upholding the highest standards of efficiency, competence and integrity, is one of the essential components of good governance and human rights protection. In turn, good governance is essential for sustained economic growth and sustainable development. 2 See the communication sent by the Special Rapporteur, together with the Special Rapporteur on the independence of judges and lawyers, after his visit to Mongolia, OL MNG 1/2019, 14 May 2019. Available at spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24599. 7