article 14 of the Covenant and on any steps that had been taken to overcome
them; how the independence and impartiality of the judiciary was guaranteed;
and on the rights of the defence and the availability of free legal assistance
to criminal defendants. Members of the Committee also wished to have more
information on the judicial structure under review and know on which models
Mongolia was basing the reform of its judiciary.
576. In reply, the representative of the State party stated that the
independence and impartiality of the judiciary was guaranteed under articles
47 and 48 of the Constitution, which strictly prohibited interference by all
other organs of the State. The legal system under the new Constitution
contained many changes from the previous system. A Supreme Court had been
established and the military courts of the previous system no longer existed.
Provision would be made for different types of courts and, as far as possible,
trials would be conducted in public. However, in actual practice, not all
means were available to ensure the right to a fair trial and there were many
gaps in existing law in that area. Much remained to be done to amend the
relevant laws in order to harmonize them with the principles set out in the
new Constitution. Additionally, the lack of adequately trained staff in the
Mongolian legal service made it difficult to proceed with the reform of the
judiciary. An effort was being made to identify an appropriate model for
reform and seminars were being conducted to this end with specialists from
other countries.
Freedom of movement and expulsion of aliens: right to privacy, freedom of
religion and expression, freedom of assembly, and, association; the right to
participate in the conduct of public affairs; and rights of persons belonging
to minorities
577. With respect to those issues, members of the Committee requested
clarification of the current standing of the bill governing departure from the
country by Mongolian citizens and entry into the country by foreigners; the
compatibility of the grounds for refusing an exit visa, mentioned in
paragraph 46 of the report, with article 12 of the Covenant and the
possibilities of appeal against such decisions; and of the procedures leading
to an expulsion order and the remedies available to the individuals
concerned. Members of the Committee wished to have further information on the
constitutional provisions relating to the right of privacy and on the process
of review of the Civil Code aimed at strengthening that right; on the status
of the bill on the right to freedom of religion currently in preparation; on
any restrictions to the freedom of assembly and association of religious
communities, the use of places of worship, the publication of religious
material or to the liberty of parents to ensure the religious education of
their children; on the status of the preparation of the new press law; on the
criteria used in prohibiting public meetings and on the recourse available
against such decisions; on the procedure for registering new political
parties; and on new legislation allowing trade-union pluralism and its
effects. Members of the Committee also wished to know what factors and
difficulties, if any, existed with respect to the implementation and enjoyment
of the rights under article 27 of the Covenant; what the size was of the
different minority groups in Mongolia; and how the rights of such groups under
article 27 of the Covenant were guaranteed.
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