587. A number of members expressed their concern over the broad wording in article 19 of the Constitution concerning the grounds for declaring a state of emergency and pointed out that the provisions of article 4 of the Covenant should be more closely followed in that regard. In particular, certain provisions of the Covenant, enumerated in article 4, paragraph 2, of the Covenant, were not subject to derogation at any time. 588. Members noted that, although freedom of expression, association and assembly was guaranteed under the Constitution, there were numerous limitations that restricted the enjoyment of those rights in actual practice. For example, some regulations governing the registration of political parties and obtaining permission for holding a public meeting did not appear to be consistent with the Covenant and recourse procedures for appealing against negative administrative decisions were inadeguate or non-existent. 589. Members of the Committee welcomed the abolition of the military courts but expressed concern over certain lacunae that still needed to be addressed in legislation such as the right to a fair trial and the independence of the judiciary. It was emphasized, in that regard, that habeas corpus should be included as a part of the new system. 590. Members expressed their concern over the large number of crimes for which the death penalty could be invoiced and that so many executions had in fact been carried out. In addition, it was noted that the 10-day limitation on appeals to the Supreme Court regarding the imposition of a death sentence did not allow sufficient time in which to prepare a case properly. 591. Concern was also expressed that in matters such as the criteria for the granting of exit visas, where the necessary legislative changes had not yet been made, outdated legislation was still in force. Although members noted that actual practice in Mongolia often took precedence over older existing legislation, it was pointed out that the rights recognized in the Covenant should bo enshrined in the new law in the form of guarantees and that adequate recourse mechanisms should be provided. 592. The recent accession of Mongolia to the Optional Protocol was noted with satisfaction. Members underlined the importance of ensuring that the text of the Optional Protocol, as well as that of the Covenant, was widely publicized so that the general public and officials concerned were made adequately aware of the rights recognized in those instruments. It was also recommended that a mechanism be established to follow up with regard to communications submitted to the Committee under the Optional Protocol. 593. The representative of the State party assured the Committee that the views and concerns expressed by members would be taken into account during the formulation of new laws and legislation. 594. In concluding the consideration of the third periodic report of Mongolia, the Chairman thanked the delegation for its cooperation. He also hoped that the concerns of the Committee would be conveyed to the Mongolian Government and that the Committee would be ready to assist it for further promotion of human rights in the country. -141-