禁止酷刑委员会审议蒙古的报告（部分翻译）

日内瓦（2016年8月3日）——禁止酷刑委员会今天下午结束审议关于蒙古为落实《禁止酷刑公约》条款所采取措施的第二次定期报告。 

蒙古副检察长兼国家立法机构高级顾问冈巴特·额尔登巴特（Ganbat Erdenebat）介绍了报告，并表示蒙古已修订了刑法，刑法现在充分根据《公约》第1条定义了酷刑罪。新的刑法还对任何共谋参与酷刑罪的行为规定了刑事责任。刑法的修改还包括一项条款：通过军方或执法人员命令犯下酷刑行为不应成为免除实施酷刑者责任的理由。国家人权委员会很快也将承担国家防范机制的角色。警察、情报、反腐局和另一些执法机构被禁止调查自身成员的酷刑罪。而检察官则获得了适当的授权。酷刑受害者有权就国家公务人员非法行为造成的物质和生理伤害获得赔偿。   

在随后的讨论中，委员会专家们询问了关于修订后刑法的进一步细节，法律将在9月1日正式生效。他们希望了解法律援助的提供情况以及独立调查被指酷刑案件的机制。提出的问题涉及国家人权委员会的运作，它的责任以及它在今后担任国家防范机制的角色。专家们称赞了死刑已被废除的事实，但希望了解此前已被判死刑者的命运。另一些提出的问题包括改善监狱条件的措施，有关《伊斯坦布尔公约》和预防酷刑的培训，打击家庭暴力和贩运人口的行动，对男女同性恋、双性恋和跨性别者的保护，体罚和难民及寻求庇护者的待遇。 

蒙古代表团包括检察长、司法部和蒙古常驻联合国日内瓦办事处代表团的代表。

委员会接下来将在8月10日（周三）上午10点举行公开会议，讨论对第19条的后续行动和报复问题。 

报告

蒙古的第二次定期报告（CAT/C/MNG/2）可以在这里阅读。

Presentation of the Report

GANBAT ERDENEBAT, Deputy General Prosecutor and Senior Advisor for State Legislation of Mongolia, informed that, following the consideration of its initial report to the Committee, Mongolia had adopted a National Action Plan aimed at ensuring the implementation of the received recommendations. Mongolia had revised its Criminal Code in December 2015, which now defined the crime of torture in full compliance with Article 1 of the Convention. The new Criminal Code also imposed criminal responsibility on any accomplice involved in committing the crime of torture. A civil society forum consisting of more than 40 civil society organizations was active on improving human rights.

A list of lawyers and other relevant information were swiftly provided to persons in custody. The possibility to choose a lawyer could be done by family members or relatives of the suspected or accused person. Under the new Law on Provision of Free Legal Assistance, legal aid centres had been established to provide free legal assistance, and there were currently 47 state lawyers working in those centres. Changes to the Criminal Code also included a provision that an act of torture committed by an order given from a military or law enforcement official should not constitute a justification to waive the responsibility of the person who had committed torture. Indeed, both the person who had given the order to commit torture and the person who had intentionally committed torture under that order were held criminally responsible. The death penalty had now been de jure abolished, following the 2010 moratorium.

Mr. Erdenebat said that the National Human Rights Commission of Mongolia, established in 2000 and in compliance with the Paris Principles, was an independent and impartial organization that guaranteed the promotion and protection of human rights. The new draft law would include a torture prevention role of the Commission upon its designation as the National Preventive Mechanism under the Optional Protocol. It was hoped that the new Parliament would soon adopt the draft law. A special chapter of the new Criminal Code was dedicated to the regulation of the criminal responsibility of adolescents. During investigation and imprisonment, adolescents were detained separately from adults. The punishment given to adolescents was appropriate for their age. Following the previous recommendations of the Committee, the new Criminal Code now contained a broader definition of rape, and stated that the victim of that crime could be of any sex. Sexual exploitation and harassment were also listed as crimes in the Code. A legal framework was in place covering all the issues related to domestic violence in its complexity, including combatting domestic violence, crime prevention, victim protection and measures towards influencing perpetrators. The National Action Plan on Combatting Trafficking in Human Beings was also in place.

Labour exploitation was also included in the new Criminal Code. A provision prohibiting the labour of children under 15 had been introduced to the Law on Labour. Nonetheless, the issue of corporal punishment of children raised concern, which was why there existed a 24-hour call centre, and cameras had been placed in kindergartens and schools where complaints of corporal punishment were more frequent. More awareness-raising activities were nonetheless needed. It was explained that police, intelligence, the anticorruption agency and other law enforcement bodies were prohibited from investigating torture crimes of their own officers. Instead, the prosecutor had been given appropriate authority. The National Human Rights Commission was considered as the most appropriate organization to be designated as the National Preventive Mechanism, independent from the Government. Victims of torture had the right to obtain compensation for material and physical damage caused by the unlawful action of State agents. Between 2008 and 2014, 137 persons had received a total sum of some USD 600,000. The new Law on Gender Equality included multiple provisions on prohibiting gender-based discrimination and designating the ratio of women in administrative positions in Ministries, agencies and other State bodies. Discrimination based on sexual orientation and gender identity was now a criminal offence, which was aggravated if committed by a public official.

Questions by Experts

JENS MODVIG, Committee Chairperson and Co-Rapporteur for Mongolia, stated that the concept of torture was clearer and easier to fight if it was the same in all countries. It was appreciated that the State party had taken steps to harmonize the definition of torture with the one of the Convention. Did the current amendments to the Criminal Code ensure that all public officials were liable to the crime of torture? Why was there no mention of intimidation or coercion in the Criminal Code?

Did Article 21 of the Criminal Code include a separate crime of torture, as required by the Convention? The delegation was asked whether there was a statute of limitations for the crime of torture.

The Expert asked if all people deprived of their liberty had the right to have a lawyer from the very onset of their arrest. Were they entitled to have a medical examination by a doctor free of charge? Could detailed figures be provided on how many detainees actually had a lawyer?

What were the rules for judicial review, asked the Expert. Did the rules apply also to those accused of terrorist acts? A question was asked on whether detainees were automatically informed about their rights.

What was the budget for legal aid – how many suspects had legal aid per year, and which proportion of the need was covered? How about free legal assistance in rural areas? The delegation was also asked to provide justification for housing detainees in distant places.

Would the supervisory duties of the Prosecutor be supplemented or replaced by the future National Preventive Mechanism? What was the proportion of suspects detained compared to those who were at freedom while their offences were investigated, asked Mr. Modvig.

The establishment of independent investigation units was welcomed, but how was their independence ensured, since they reported to the heads of their respective agencies? A number of cases now seemed to be inconclusive.

To which extent did the independent authority against corruption and the investigative division of the police department function differently, and how many complaints on acts of torture had they analysed?

The Expert raised the issue of statements and confessions received under torture, and asked whether video and audio monitoring of interrogations had been introduced. Did the existing rules of evidence make it impossible to receive an accused without the presence of his lawyer?

A question was asked on the decreasing budget allocation to the National Human Rights Commission. How were the complaints submitted to the Commission by people deprived of their liberty? How many of the complaints against torture had led to investigations, and had anyone been convicted or sanctioned? It appeared that the investigative unit of the Prosecutor’s Office received several hundred complaints per year, half of which referred to the police. More information was requested on the indictments.

Regarding the death penalty, it was greatly appreciated that Mongolia had ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights. Information was sought on two defendants sentenced to death. How about the prisoners on death row?

The Expert asked about the criminalization of marital rape and protection orders. Detailed information was requested on violence against women.

The Committee wanted to receive data on persons expelled and learn more about Mongolia’s commitment to the principle of non-refoulement.

ANA RACU, Committee Member and Co-Rapporteur for Mongolia, asked whether torture prevention training was compulsory for all law-enforcement agencies. How did medical personnel receive training on the Istanbul Protocol and how was its effectiveness assessed?

The Expert asked whether the State party provided training on the prevention of torture for the military, intelligence officers and security guards on the use of force and special means. How about particular training on dealing with violence against women and trafficking in human beings. A question was also asked on the reported difficulties with having judges involved in capacity building activities.

The special isolation regime had not been abolished, noted the Expert and asked if there were any initiatives to abolish such a regime?

The Expert congratulated Mongolia for abolishing the death penalty, and asked for details of those former death row inmates whose sentences had been commuted.

The delegation was asked to provide an update on the status of construction of new prison facilities.

Prisons in Mongolia seemed to be overcrowded for the most part of the year. What measures was the State going to take in order to prevent overcrowding? How about enhancing the use of alternative measures?

A question was asked about the number of monitoring visits by local or national non-governmental organizations to places of detention in the past two years.

Ms. Racu asked about the existence of social rehabilitation programmes for prisoners.

How many complaints received by the National Human Rights Commission included allegations on torture and ill-treatment, and why did the State party believe their number would increase? Were there any policies or legal procedural guarantees for the protection of the complainant and the witnesses against intimidation or ill-treatment?

Was there an opportunity to allocate necessary funds for the compensation of victims in the coming years, the Expert inquired?

The increased number of cases of domestic violence was a source of concern for the Committee. Detailed, disaggregated statistical data was requested. How many centres for victims of domestic violence were fully functional?

The Expert then turned to the issue of confessions obtained through torture, which remained a concern. In the last two years, had there been any victims who alleged that they had been forced to confess under threat of torture or under duress? Information was sought on the video recordings in interrogation rooms and how the recordings were used.

Mongolia did not have a comprehensive juvenile justice system. Diversion was practiced to some extent as a pilot intervention in some areas. How many minors were detained in pre-trial detention facilities and how many were convicted to deprivation of liberty? Details were also sought on the measures taken to combat child labour.

While corporal punishment was prohibited in schools, the Committee was concerned about information on its high prevalence. What measures were being taken to explicitly prohibit corporal punishment in all settings?

Was there a mechanism for the identification and documentation of victims of torture and ill-treatment among asylum seekers?

A question was also asked on the existence of initiatives to develop legislation to effectively protect the rights of lesbian, gay, bisexual and transgender persons.

Another Expert asked about the results achieved by the human rights action plan, notably with regard to the training of law enforcement officers.

She asked about the measures taken to protect fundamental rights and freedoms even when a state of emergency was declared.

Police seemed to be investigating complaints against their own officers, which raised concerns on the independence of such investigations. There seemed to be an overriding presence of the police in investigating cases of torture. On human trafficking, police officers could be involved in that crime involving minors, but were rarely prosecuted.

To what degree was the justice system in Mongolia independent, asked the Expert.

The issue of convicted juveniles was brought up by another Expert, who asked about the kind of sentences they received. How had the situation evolved in recent years? If a minor’s advocate made such a request, video recording could be provided at his own expense. Could that legal provision be clarified?

In the new Criminal Code, what kind of penalty was foreseen for the crime of torture entailing the death of the victim?

The delegation was asked to provide recent findings of the National Human Rights Commission on its inspection of prisons. No complaints of torture in detention centres seemed to have been submitted – could the delegation clarify?

Information was requested on how often individuals claimed superior orders as an excuse for committing acts of torture.

What were the expanded powers of the National Human Rights Commission, asked an Expert? Could it oversee the police and what did that mean in practical terms?

Did the number of complaints on torture result in an adequate number of prosecutions? What investigations had taken place and why had some of them not taken place?

The delegation was asked to further elaborate on its plan to establish shelters for the victims of domestic violence and protection orders. Could the person responsible for domestic violence still be charged with an administrative infraction and get away with paying as little as $ 15?

Was the crime of torture included in Mongolia’s bilateral extradition treaties, another Expert inquired?

He also asked about the very low percentage of detainees enjoying free legal assistance. Was there any study on the socio-economic status of those detainees?

If two-thirds of individuals were kept in detention for periods longer than provided for by the rules, then that was an issue of concern. What were the guarantees that there would be no return to the special isolation regime?

Turning to the Istanbul Protocol, the Expert asked about the training geared for medical professionals. If the police trained them, then those doctors would not be that independent in assessing whether an act of torture had occurred.

A question was asked about the safeguards of the independence of the National Human Rights Commission. How could reactive and preventive mandates merge within the same structures, asked the Expert?

An Expert congratulated the delegation for the accession of Mongolia to the Optional Protocol of the Convention. He also asked about the current status of prosecutors.

JENS MODVIG, Committee Chairperson and Co-Rapporteur for Mongolia, inquired about the human resources of the National Human Rights Commission. If the Commission also became the national preventive mechanism, would its staffing increase?

On pre-trial detention, he asked the delegation to clarify the statistics. The provided figures of pre-trial detainees were somewhat confusing.

During investigations, suspects were reportedly blackmailed to confess or they would not have any family visits. People might not then dare to complain and the monitoring mechanism could be insufficient.

ANA RACU, Committee Expert and Co-Rapporteur for Mongolia, asked if the National Human Rights Commission had visited any social care centres and psychiatric institutions. Could figures be provided in that regard?

On which basis were monitoring visits carried out by prosecutors, she asked. What were the main findings and had any prosecution actions been initiated?

Replies by the Delegation

Regarding the crime of torture, the delegation said that there was a tendency toward an increase in the cases of torture because the definitions now were different and more inclusive. Earlier, only injuries inflicted by investigators used to be considered. Those crimes used to be dealt with through different articles, not relating to torture as such. With the new Criminal Code, the number of people who could lodge complaints would rise, as the definition of torture was broader. All allegations would be investigated, regardless of who the alleged offender was. Threatening and mental pain were also now covered.

Perpetrators could be public officials themselves but also other persons related to them. The scope of liable persons was now wider than it used to be. If someone attempted to commit a crime, the punishment would stand at 60 per cent of the actual punishment for a crime that was actually committed. Those soliciting or supporting the crime would also be held liable.

The punishment for torture should be corresponding to the damage caused. If someone was killed through torture, the punishment used to be from 10 to 15 years, which was lower than the punishment for other murders. The new Criminal Code now provided sentences from 12 years to life imprisonment.

Police officers were currently punished for physical damage or threatening rather than the crime of torture and were thus receiving administrative sanctions. From 1 September, new statistics would start to be compiled, and all such acts would begin to be classified as acts of torture. With the new Criminal Code, there would be more understanding on how those complaints were dealt with.

Under the new Criminal Code, the subordinates would also be held criminally liable for the crimes of torture that they committed and could not excuse themselves by blaming it on superior orders.

Regarding the safeguards given to those arrested, the delegation explained that the safeguards were provided within the law. Lawyers were provided from the moment of arrest, and within 48 hours, family members were also informed of the arrest.

Insolvent people received State lawyer services from the moment they were accused. In 2016 so far, more than 1,700 people had received such services due to their financial circumstances. That number amounted to one fifth of those arrested, as the others could pay for their own lawyers. In 2016, 3,843 people overall had received free legal advice. Eight per cent of the services had been provided for very serious cases, 17 per cent for serious cases, and 69 per cent for light crimes.

The delegation explained that arrests and detentions could be conducted only by the order of a court. Police and prosecutors did not have the mandate to arrest any person without the warrant of a judge. Under the current legislation, a warrant needed to be received from the judge within 72 hours; under the new Criminal Code, that period would be reduced to 24 hours. If the judge considered that the arrest had been unlawful, the person would be free to go right away.

After the arrest, people were escorted by the police to detention centres, which were under supervision of an agency distinct from the police. A medical examination was then provided, and its results were provided to the Prosecutor’s Office. Physicians and prison officials were constantly trained on the issues of torture and identifying signs of torture.

If a person wanted to make a complaint regarding torture, he or she were informed about the procedure on how to do so.

With regard to the prisoners on death row, the delegation said that they were held in a separate detention centre; currently there were 34 people in that institution. For some, the regime of detention had been changed. The isolation regime would no longer be applied under the new legislation; even those who were in cells on their own were there because of their own choice.

Moving to the questions on the criminal liability of minors, the delegation explained that if a minor was involved in a crime, under the new legal framework, he or she would be given a punishment appropriate to their age and physical development, and with the aim of rehabilitating the minor. Minors who had committed crimes would be given punishments amounting to 50 per cent of those for adults. At the moment, only six minors were serving prison sentences. At no point in recent years had the number of minors in detention exceeded 40. Mongolia had a very small population and a huge area, the delegation pointed out. There were no juvenile courts or prosecutors as that would be unviable economically and operationally.

The understanding of rape had changed with the new Criminal Code: it was no longer only a crime committed against a woman. Sexual violence and harassment were now also included in the criminal code. All types of domestic violence were now considered a criminal offence. Police were provided with training on influencing perpetrators of domestic violence. From November 2011, a special compulsory training was provided for violators; over 2,000 persons had gone through such training.

Special classes on preventing domestic violence and assisting victims were provided at police academies. Credit hours were also provided for classes on torture and the implementation of the Convention.

A lot of work remained to be done to combat human trafficking. The issue of prevention was included in high school curricula. There were many cases of human trafficking related to Macao Special Administrative Region of China, which was why in 2010 a memorandum of understanding had been signed with China and Macao.

With regard to the use of firearms, the delegation said that the new law on law enforcement regulated the use of force. A unique standard was being put in place for all law enforcement agencies.

Some police interrogation rooms were now equipped with surveillance cameras. The new legal framework forbade police officers to interfere with the equipment. Currently, there were 14 police units with special fully equipped rooms.

There was a new definition of forced labour in the Criminal Code. Corporally punishing a child was also considered to be a criminal offence. Children under 15 could not undertake any labour activities, explained the delegation. In February 2016, the list of jobs intolerable for children had been revised. Child jockeys participating in horse racing were part of a practice inherited from ancient times, and including it in legislation encountered major challenges. The State was thus trying to eliminate that phenomenon through a phased approach. Currently, there were more than 13,000 children registered as jockeys. In 2016, two news laws had been adopted – one on the protection of children, and the other on the protection of children’s rights.

Prosecutors in Mongolia were given three main mandates: to survey the conviction of the accused person; ensuring human rights within detention institutions; and enforcement of the law in prisons. Operations of arrest and detention were all under the surveillance of the Prosecutor’s Office. In 2015, close to 5,000 controls had taken place.

A special investigation unit within the Prosecutor’s Office had been dissolved, and a special unit within the Police Department was now investigating crimes committed by the police, which was a controversial issue currently causing numerous discussions. Investigations of crimes by police officers had reportedly deteriorated, which was why there was pressure to return those investigations to the Prosecutor’s Office. If a police officer committed a crime of torture, it would be investigated by intelligence or anti-corruption officers. In 2011 – three, in 2010 – one, and in 2016 – six cases related to torture had been investigated, some of which had been passed on to the courts. It was hoped that the legislation would be changed.

The National Human Rights Commission of Mongolia was an independent organization established by the Parliament. Its operations had been extended and had become an important human rights mechanism. In 2014, it had been reaccredited with status “A” for its compliance with the Paris Principles. Its members were transparently appointed by the Parliament; there were three commissioners supported by the Secretariat. There was an advisory council consisting of prominent civil society representatives. The Commission’s budget was adopted directly by the Parliament. The economic crisis had affected all State institutions, which was why the budget of the Commission had also been reduced. The mandate of the Commission would be broadened and it would start to provide advice on whether legal texts were in line with international human rights standards. It would be presenting its opinion on State reports to United Nations treaty bodies, and have an advisory role to the Parliament on issues pertaining to human rights.

The Commission also had the right to request information from persons who had allegedly committed torture and request the Prosecutor to conduct an investigation. At the moment, the Commission was not conducting investigations, but could request other law enforcement agencies to investigate cases. The mandate of the commission would be strengthened with the new legal framework.

In 2014-2016, the Court Decision Implementation Agency had been cooperating with several civil society organizations, two of which were monitoring the implementation of punishments in prisons. They were looking into whether the rights of inmates were violated. Other civil society organizations were focused on the rehabilitation of released prisoners. A total of 230 people had received financial support within a month of their release.

On the issue of sexual minorities, the delegation stated that lesbian, gay, bisexual and transgender people’s rights deserved special attention. Prejudice had been expressed in work contexts on a number of occasions. If there were no formal complaints, that did not mean that there was no discrimination, which was why Mongolia had introduced in its legislation anti-discrimination provisions. Discrimination based on sexual preference and gender identity was now a criminal offence and could lead to a punishment, clarified the delegation.

Information obtained through torture was considered as inadmissible; the courts could hence not use it as evidence. If such information was used as evidence, the Court of Appeals could annul the decision by a lower court.

Follow-up Questions by Experts

JENS MODVIG, Committee Chairperson and Co-Rapporteur for Mongolia, said that the Committee had heard about a number of promising developments, including the new Criminal Code, coming into force in September. Was it possible that the new Government would decide to withdraw the submitted draft laws? Were there any indications in that regard?

Was command responsibility taken into consideration? Did the statute of limitations apply to the crime of torture? Was a fine an appropriate punishment considering the gravity of the crime of torture, asked the Expert?

Questions were asked about the right to an independent medical examination and the right to inform the family straight away after the arrest.

Did the capacity of the 47 state lawyers actually meet the needs of all those who needed legal aid?

The Expert inquired if the police had the guidelines informing them of the need to inform detainees of their rights.

Statistics were sought on violence against women and sexual violence.

The Committee agreed with the delegation that investigating complaints against the police by intelligence police officers was controversial. It was hoped that an independent prosecutorial unit would take back that responsibility. Were police officers decently paid?

Which bodies could receive complaints, other than the National Human Rights Commission and the General Prosecutor?

Had there been any cases when testimonies had been rejected because they had been obtained through torture, asked the Expert?

Information was also sought on the fundamental freedom safeguards.

ANA RACU, Committee Member and Co-Rapporteur for Mongolia, wanted to hear about concrete measures being taken to ensure that training on the prevention of torture was mandatory for judges and prosecutors.

It was commendable that pre-trial detention was decreased from 72 to 24 hours, but it was worrisome that some suspects had reportedly not been released after 72 hours had expired.

Concern was expressed over prison overcrowding, which remained a problem despite recent improvements. What further steps would Mongolia take to reduce prison overcrowding and improve overall conditions in detention facilities? Were there enough trained staff, including medical professionals, in prisons?

More details were requested on the prison regime of the 44 prisoners condemned to death. Had any complaints been received from those prisoners?

The delegation was also asked to provide further information on rehabilitation programmes, vocational and other educational training, and programmes aimed at reducing inter-prisoner violence.

Were there any initiatives to develop legislation to effectively protect the lesbian, gay, bisexual and transgender population in prison?

Could the delegation provide information on how many visits by local and international non-governmental organizations had been conducted to places of detention in recent years, asked Ms. Racu?

Another Expert noted that the phenomenon of torture, while not widespread, was becoming more prevalent in the State party. Nobody had really been prosecuted for attacks during the 2008 state of emergency, she noted.

Had anyone been brought to justice for taking part in trafficking in human beings?

A question was asked on whether torture was a crime featuring in bilateral extradition treaties.

How did the State party intend to increase the number of members of law enforcement agencies who took part in training on torture?

The Expert also wanted to know how many investigation centres did not have video surveillance equipment installed.

Another Expert inquired about the overseeing powers by the National Human Rights Commission over the police. Did the Commission have the right to be on the spot and observe activities of the police?

Replies by the Delegation

The delegation stated that the new Criminal Code had been adopted by the Parliament and there were no discussions on changing its provisions. There were discussions, however, on whether there was enough time for implementing the new provisions starting September. The Criminal Procedures Code had been adopted only in May 2016. A lot of preparatory work needed to be done, but no new structural changes.

Torture based on discrimination was not included in the definition of the Criminal Code, but any case leading to physical or mental injuries was to be considered as an offence. The emphasis was on investigation and prosecution of those crimes.

With the new Criminal Procedures Code, safeguards were provided, and the arrested could have a lawyer from the moment of arrest. State lawyers were provided only to those who did not have financial means; efforts were being made to increase their number. From the first moment of arrest, all the rights were explained to the arrested person. He was escorted to the Court Decision Implementation Agency, which organized medical and other examinations. That agency was independent from the police. If there were any signs of injuries or torture, those would be evident during the impartial medical examinations.

If a person was to be extradited to a country where he could be tortured, the extradition request needed to be denied.

The delegation stressed that domestic violence was seriously addressed in Mongolia. Police officers looking into the cases of domestic violence had specific check lists which they used. Shelters for victims of domestic violence provided services for up to 30 days. Special call centres were operating 24/7.

The Special Investigation Unit under the Prosecutor used to look into violations committed by law enforcement officers and prosecutors. The new Criminal Code provided that complaints against the police could be launched to the Prosecutor’s Office and the Anti-Corruption Agency, and the Prosecutor’s Office would decide which authority would investigate the case. With the new regulation, such crimes could be investigated without any conflict of interest.

On the question of monitoring visits to prisons, the delegation said that in 2015, 21 civil society organizations had cooperated with prison authorities. Two of them had visited prisons, whereas others had been working on rehabilitation programmes for prisoners.

The definition of torture included the possibility of it being committed by various State agents. There had been many cases in which officers had been convicted of inflicting physical injuries. Under the new Criminal Code, the crime of torture was compliant with the definition under the Convention.

The Human Rights Commission had the right to request testimonies from alleged perpetrators, explained the delegation. The Commission would also have the right to conduct confidential individual dialogues with victims and receive required technical assistance. Under the current legislation, the Commission did not conduct investigations. Mongolia would further strive to put additional efforts and financial resources to combat the crime of torture.

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