to implement this specific provision of the Constitution was being drafted at
present. The Covenant had been publicized by the media and the provisions of
the Optional Protocol had been published in private newspapers.
567. Victims of past violations of human rights were given redress under a law
adopted in 1990. An estimated 30,000 people had been unlawfully repressed
during the 1930s and the question of compensation for the victims and their
families was the subject of legislation currently under consideration in
Parliament, Previously, no compensation had been extended largely owing to
the economic situation in the country. The office of the Public Procurator
still existed under the new legal system, although his responsibilities had
already changed considerably. The draft of a new law regulating the
competence of the Procurator was at present under consideration in Parliament.
568. The representative pointed out that discrimination against women was
prohibited by article 14 of the Constitution and that equal rights for women
in Mongolia were ensured. A number of women had been recently elected to the
Great Khural, serving as an indication that political rights were being
exercised. Women accounted for 43 per cent of the economically active
population. Attempts to deprive women of equal rights were specifically
regulated by article 142 of the Penal Code. Additionally, women claiming to
be victims of discrimination were able to file complaints in court. With
regard to safeguarding the rights of aliens in Mongolia, bilateral treaties
had been concluded by the Government with a number of countries, under the
terms of which legal assistance was extended to their nationals in matters
concerning civil, penal and family law. The agreements facilitated the
exchange of information and provided guarantees for the protection of
witnesses and the rights of the defence.
569. Martial law could be imposed in cases of external threat of war and a
state of emergency could be declared by the Minister of Justice in cases such
as a natural disaster* A draft law on states of emergency was currently being
prepared by the Government with a view to establishing procedures and
responsibilities for the eventual suspension of certain constitutional
provisions in such circumstances. At the present time, there was no law
providing for the derogation of the rights of citizens.
Right to life, treatment of prisoners and other detainees, and liberty and
security of the person
570. With regard to those issues, members of the Committee wished to know what
was meant by the statement in paragraph 14 of the report that the death
penalty had been established as "an alternative to imprisonment for varying
terms, not as the primary but as a secondary option"; how often and for what
crimes had the death penalty been imposed and carried out since the
consideration of Mongolia's second periodic report; and whether any
consideration had been given to the abolition of the death penalty and
accession to the Second Optional Protocol to the Covenant. They requested
further information on action taken to make the Corrective-Labour Code more
humane and to bring the penitentiary system in line with the commitments
entered into by Mongolia under international conventions and agreements on
human rights and concerning the legal value of testimony extracted through
violence or insulting treatment. Members of the Committee also wished to know
the rules and regulations governing the use of firearms by the police and
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