CAT/OP/MNG/1
I. Introduction
1.
In accordance with its mandate under the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the
Subcommittee on Prevention of Torture undertook its first regular visit to Mongolia from
11 to 20 September 2017.
2.
The Subcommittee was represented by Malcolm Evans (head of delegation),
Satyabhooshun Gupt Domah, Marija Definis-Gojanovic, Kosta Mitrovic, Margarete
Osterfeld and Victor Zaharia. The Subcommittee was assisted by three human rights
officers from the Office of the United Nations High Commissioner for Human Rights, two
United Nations security officers and four interpreters.
3.
During the visit, the Subcommittee conducted visits to police stations and
penitentiary, health, rehabilitation, psychiatric and military detention facilities (see annex I).
The Subcommittee held meetings with a range of authorities and officials of the
Government of Mongolia and members of the National Human Rights Commission of
Mongolia, civil society and the United Nations Office in Mongolia (see annex II).
4.
At the conclusion of the visit, the delegation presented its confidential preliminary
observations orally to government authorities and officials.
5.
The present report sets out the observations and recommendations of the
Subcommittee relevant to the prevention of torture and ill-treatment1 of persons deprived of
their liberty in Mongolia.
6.
The Subcommittee recommends that the State party distribute the present
report to all relevant government authorities, departments and institutions, including
but not limited to those to which it refers.
7.
The present report will remain confidential until such time as Mongolia decides to
make it public, in accordance with article 16 (2) of the Optional Protocol.
8.
The Subcommittee recommends that the authorities of Mongolia request the
publication of the present report, in accordance with article 16 (2) of the Optional
Protocol.
9.
The Subcommittee draws the State party’s attention to the Special Fund established
under article 26 of the Optional Protocol. Recommendations contained in visit reports that
have been made public may form the basis of an application for funding for specific
projects through the Special Fund, in accordance with its rules.
10.
The Subcommittee wishes to express its gratitude to the authorities of Mongolia for
their help and assistance relating to the planning and undertaking of the visit.
II. Implementation of the Optional Protocol
11.
Mongolia ratified the Optional Protocol on 12 February 2015 and should have
established or designated a national preventive mechanism at the latest one year after its
ratification of the Optional Protocol. Two years after ratification, the State party is still in
the process of doing so.
12.
The Subcommittee recognizes that the Government has conducted internal reviews
and consultations to determine an appropriate model for its national preventive mechanism,
and it is of the understanding that the current preference is to designate the National Human
Rights Commission of Mongolia.2
1
2
In the present report, the Subcommittee uses the general term “ill-treatment” to refer to any form of
cruel, inhuman or degrading treatment or punishment.
Ganbat Erdenebat, Deputy Prosecutor General of Mongolia, opening statement made on 2 August
2016, in the context of the consideration of the second periodic report of Mongolia, at the fifty-eighth
session of the Committee against Torture.
3