security forces; whether there had been any violations of these rules and
regulations and, if so, what measures had been taken to prevent their
recurrence; and what plans were being made to introduce new legal provisions
that would strengthen and guarantee the right to liberty and security of the
person,
571. In addition, members of the Committee wished to know whether any
legislation had been adopted recently prohibiting torture; whether there were
any educational programmes aimed at the elimination of torture; what measures
had been taken to ensure the application of article 9 of the Covenant; whether
improperly extracted evidence was admissible in court; whether the 10-day
deadline for filing an appeal to the Supreme Court following a pronouncement
of a death sentence was considered adequate time in which to prepare such
appeals; whether habeas corpus existed in the Mongolian legal system; what was
meant by the statement in paragraph 46 of the report that visa applications
may be declined for reasons of "the health and dignity of society"; and what
was the content of political education used to reform and rehabilitate persons
convicted under the Criminal Code.
572. In reply, the representative of the State party drew attention to decrees
issued in 1986 and in 1991 strictly regulating the use of firearms by the
police and other security forces. Since the publication of the 1991 decree no
violation of the regulations in force had been recorded. Persons arrested
were informed immediately of the reasons for their arrest and members of their
families were informed within 24 hours. Recourse procedures for persons
convicted of an offence were guaranteed under the new Constitution but the
amendments to the Penal Code required for implementing that right in practice
had not yet been completed. Habeas corpus would be the subject of future
legislation in Mongolia. There were at present 3,328 detainees in the
Mongolian prison system, which was under the general supervision of the Office
of the Procurator.
573. Under article 16 of the Constitution and article 21 of the Penal Code,
the death penalty might be imposed, only for the most serious crimes and was
not applicable to persons u4de~r" the age of 18, women, or tften. over the age of
60. In actual practice, the death penalty was generally commuted to
imprisonment. For the period 1991-1992, only 20 men sentenced to death had
been executed. During the same period, 274 homicides had been committed.
Although the Government had decided to maintain the death penalty for the
present time, a study of possible adherence to the Second Optional Protocol
was currently being carried out in the Ministry of the Interior.
574. Mongolia had recently decided to adhere to the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment and a study was
to be undertaken in Parliament concerning the Convention. Mechanisms
prohibiting torture had been established under the Penal Code and compensation
for victims of torture had been provided for by law. Anyone found guilty of
obtaining evidence by means of violence or insults, or the threat of violence,
was subject to imprisonment for up to 8 to 10 years.
Right to a fair trial
575. In regard to that issue, members of the Committee wished to have further
information on any shortcomings in Mongolian legislation with respect to
-137-