Scoop has an Ethical Paywall
Licence needed for work use Learn More

World Video | Defence | Foreign Affairs | Natural Events | Trade | NZ in World News | NZ National News Video | NZ Regional News | Search

 

Mongolia Has Taken Significant Steps To Protect Against Arbitrary Detention; Vital To Continue The Work, UN Experts Say

ULAANBAATAR/GENEVA (14 October 2022) – The Mongolian justice system has progressed significantly towards protection against arbitrary detention but it is important not to stop, as further measures are needed if rights are to be fully respected, UN experts said today.

While commending the government for multiple reforms during the past five years, a delegation from the UN Working Group on Arbitrary Detention said arrests without a judicial warrant are still the norm rather than the exception in Mongolia and individuals are routinely interrogated in police custody without the presence of a lawyer.

“It is concerning that criminal investigators and prosecutors enjoy vast and unchecked powers, while defendants are not afforded all the guarantees of due process, disregarding the equality of arms,” the group said a statement at the end an official visit to the country. It has made recommendations to the Government on how to further strengthen safeguards.

“We welcome the reform of criminal justice laws, the enactment of a law on human rights defenders, as well as the establishment of a National Preventive Mechanism. Nevertheless, these strategic decisions need to be effectively translated into practice, since the adequate implementation of the law cannot be taken for granted.”

Advertisement - scroll to continue reading

The experts said the judicial system is under immense pressure, due to the lack of new and specialised courts, shortage of staff and case overload.

“This situation could be preventing judges from devoting sufficient time to give detailed consideration to each case, opting for simply granting the prosecutors’ request, without giving due consideration to the arguments and evidence presented by the defence.”

Some crimes were vaguely worded or not properly defined in legislation, including provisions used to combat the spread of COVID-19.

“It is concerning that these could be used to interfere with the legitimate work of human rights defenders, especially as they protest against strategic development projects or to restrict the peaceful expressions of opinions and freedoms of assembly and association,” the experts said.

The Working Group said Mongolia was tackling what appears to be a widespread problem of alcohol abuse and it recommended that the Government approach this from a health and social perspective, for example, by implementing community-based treatment. Resorting to deprivation of liberty and tasking the security and law enforcement agencies or officials with the prime responsibility was not the answer.

During the visit, from 3 to 14 October, the delegation – Elina Steinerte and Matthew Gillett – met Government officials, judges, prosecutors and lawyers, civil society representatives and other stakeholders. They visited 21 facilities and interviewed around 65 people deprived of their liberty.

A final report on the visit will be presented to the Human Rights Council in September 2023.

 

The Working Group on Arbitrary Detention was established by the former Commission on Human Rights in 1991 to investigate instances of alleged arbitrary deprivation of liberty. Its mandate was clarified and extended by the Commission to cover the issue of administrative custody of asylum-seekers and immigrants. In September 2019, the Human Rights Council confirmed the scope of the Working Group's mandate and extended it for a further three-year period. The Working Group is comprised of five independent expert members from various regions of the world: Ms. Miriam Estrada-Castillo (Ecuador; Chair-Rapporteur), Mr. Mumba Malila (Zambia; Vice-Chair); Ms. Elina Steinerte (Latvia); Ms. Priya Gopalan (Malaysia); and Mr. Matthew Gillett (New Zealand).

Database of the Working Group on Arbitrary Detention.

© Scoop Media

Advertisement - scroll to continue reading
 
 
 
World Headlines

 
 
 
 
 
 
 
 
 
 
 
 

Join Our Free Newsletter

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.