CAT/C/MNG/CO/1
(c)
Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography, in June 2003;
(d)
Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict, in October 2004;
(e)
United Nations Convention against Transnational Organized Crime and its
Protocols, in May 2008;
(f)
Convention on the Rights of Persons with Disabilities, in May 2009;
(g)
Optional Protocol to the Convention on the Rights of Persons with
Disabilities, in May 2009;
(h)
Optional Protocol to the International Covenant on Economic, Social and
Cultural Rights, in July 2010.
5.
The Committee notes the ongoing efforts of the State party to reform its legislation
in order to ensure better protection of human rights, in particular:
(a)
The adoption of the Criminal Code in 2002;
(b)
The adoption of the Law on Combating Domestic Violence in 2005;
(c)
The amendment of the Court Decision Enforcement Law on 3 August 2007;
(d)
The amendment to the Criminal Code enacted on 1 February 2008.
6.
The Committee notes with appreciation the new measures and policies adopted by
the State party in order to ensure better protection of human rights, in particular:
(a)
The adoption in 2003 of the National Human Rights Action Programme of
Mongolia, and the establishment in 2005 of the Implementing Committee of the National
Programme;
(b)
The standing invitation issued to special procedures mandate holders since
2004;
(c)
The adoption of the National Programme on Fighting against Domestic
Violence in 2007;
(d)
The adoption of the 2005-2015 National Programme on Protection from
Trafficking in Children and Women with the Purpose of Sexual Exploitation;
(e)
The opening of legal aid centres in all districts of the capital and in all 21
provinces to provide legal advice to vulnerable persons involved in criminal, civil and
administrative cases;
(f)
The declaration by the President of Mongolia on 14 January 2010 of a
moratorium on the use of the death penalty and his indication that the moratorium should
constitute the first step towards its abolition.
C.
Principal subjects of concern and recommendations
Definition and criminalization of torture
7.
While the Committee takes note that certain amendments to the Criminal Code and
Criminal Procedural Code have been introduced in 2008 to harmonize domestic legislation
in line with the Convention, the Committee is concerned that there is no definition of
torture in the State party’s legislation in accordance with the definition in article 1 of the
Convention, as pointed out also by the Special Rapporteur on torture and other cruel,
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