Mongolia has taken significant steps to protect against arbitrary detention; it is vital to continue the work, UN experts said

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.” 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.

ENDS

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. 

The Working Group is part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity. 

UN Human Rights, Country Page — Mongolia 

For press inquiries related to the Working Group, please contact Ms. Lucie Viersma (lucie.viersma@un.org); Ms. Margarita Nechaeva (margarita.nechaeva@un.org); Mr. Francisco Alfonzo (francisco.alfonzo@un.org) or write to hrc-wg-ad@un.org. 

For media inquiries related to other UN independent experts please contact: Jeremy Laurence (jeremy.laurence@un.org); Renato de Souza (renato.rosariodesouza@un.org) or Dharisha Indraguptha (dharisha.indraguptha@un.org) 

Follow news related to the UN’s independent human rights experts on Twitter @UN_SPExperts.

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