E/CN.4/2006/6/Add.4
page 5
Introduction
1.
The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment, Manfred Nowak, undertook a visit to Mongolia from 6 to 9 June 2005. The
initiative for a visit by the Special Rapporteur was originally proposed by the National Human
Rights Commission of Mongolia, which requested his participation in the 2005 public inquiry on
torture. Subsequently, the Government, which had already issued a standing invitation to the
special procedures of the Commission on Human Rights in April 2004, extended an invitation to
the Special Rapporteur in March 2005. During the course of the visit, he examined the legal
framework and governmental activities relating to the prohibition of torture and other forms of
ill-treatment. He also examined the response of the Government to allegations of violations,
particularly in relation to inquiry, impunity and prevention. The Special Rapporteur has based his
findings on the situation of torture and ill-treatment in Mongolia on written information and
interviews of a wide array of sources, including Government officials, non- governmental
organizations (NGOs), lawyers, victims themselves and witnesses, as well as on-site inspections
of detention facilities. What follows is the report of his findings, conclusions and
recommendations.
2.
The main purposes of the visit, according to the Special Rapporteur, were to assess the
prevailing situation of torture and other cruel, inhuman or degrading treatment or punishment; to
promote preventive mechanisms to eradicate torture and ill-treatment; and to begin a process of
long-term cooperation with the Government.
3.
The Special Rapporteur noted that at the time of his visit the country had recently
emerged from presidential elections in May 2005, and acknowledged that it was continuing
along its difficult path of transition from a highly centralized form of government towards a
parliamentary democracy; it was also attempting to consolidate the economic and political
reforms begun over a decade earlier.
4.
During the course of his visit the Special Rapporteur met with President N. Bagabandi;
Mr. A. Battur, Vice-Minister for Foreign Affairs; Mr. O. Ochirjav, Deputy Director of the Law
and Treaty Department, Ministry for Foreign Affairs; Mr. T. Sukhbaatar, Deputy Minister of
Justice and Home Affairs; Ms. O. Altangerel, Head of the International Cooperation Department,
Ministry of Justice and Home Affairs; and Mr. J. Khunan, Ministry of Justice and Home Affairs.
The Special Rapporteur also met with Mr. M. Altankhuyag, Head of the Prosecution Department
of the General Prosecutor’s Office; Mr. B. Tserenbaltav, Deputy Prosecutor; Mr. T. Sukhebaatar,
Prosecutor; Mr. D. Batsaikhan, Deputy Chief Justice of the Supreme Court; Mr. B. Galdaa, Head
of the Investigation Office of the General Prosecutor’s Office; Mr. J. Choijantsan, Head of the
Court Decision Enforcement Agency; and Mr. M. Enkh-Amgalan, Head of the Central
Investigation Office of the National Police Department.
5.
He met with the commissione rs and staff of the National Human Rights Commission of
Mongolia (NHRCM)—a national human rights institution established in accordance with the
Paris Principles—including Mr. S. Tserendorj, Chief Commissioner, and commissioners
G. Dalaijamts and J. Dashdorj; Ms. B. Khishigsaikhan, Director; Ms. P. Oyunchimeg, Senior
Officer, Complaints and Investigation; Ms. G. Zoljargal, Public Relations Officer; and
Ms. L. Gerel, Communication Officer. NHRCM designated 2005 as the year of the national