lack of adequately trained staff in the Mongolian legal service has adversely
affected efforts to reform the judiciary.
3.
Principal subjects of concern
601. The Committee expresses its concern over the unclear position of the
Covenant in Mongolian law. Measures undertaken so far to give effect to the
Covenant have not gone far enough in providing judicial guarantees for each
right recognized in the Covenant or towards ensuring that the Covenant can be
invoked by individuals in a court of law. Similarly, the Committee is
concerned about the continuing applicability of old laws and procedures which
have not yet been revoked or replaced by new legislation providing guarantees
and, in particular, establishing recourse procedures. With regard to a number
of fundamental rights recognized in the Covenant, some requirements and
limitations currently in force in Mongolian law are so broad and numerous as
to restrict severely the effective exercise of such rights in actual
practice. This is true, for example, in regard to the criteria for declaring
a state of emergency; the criteria for refusing an application for an exit
visa or passport; the requirement of prior permission for the holding of
public meetings and the criteria for refusing such meetings; and the
requirement that political parties be registered and the criteria for refusing
registration. Additionally, the absence of adequate mechanisms to appeal
against administrative decisions creates an uncertainty as to whether such
fundamental rights as freedom of association, freedom of assembly and freedom
of movement are fully enjoyed in actual practice. The Committee also
expresses its concern over the exercise and application of the death penalty
in Mongolia. Grounds for invoking the death penalty are currently too broad
to be in conformity with article 6 of the Covenant and the number of
executions for capital punishments is alarmingly high,
4.
Suggestions and recommendations
602. The Committee recommends that the State party should ensure that the
provisions of the Covenant be fully incorporated into domestic law and be able
to be invoked in a court of law. The review currently in progress of present
and proposed legislation, policies and administrative procedures should be
based on the Covenant and other international human rights instruments in
order to ensure that forthcoming changes will accord with the obligations of
the State party under these instruments. In regard to the declaration of a
state of emergency, the State party should ensure that applicable legislation
is in conformity with the Covenant, particularly in regard to paragraph 2 of
article 4. The Committee also emphasizes that the texts of the Covenant and
the Optional Protocol should be widely publicized in order that the general
public, the judiciary and the relevant agencies of the Government are made
aware of the rights enshrined in the provisions of these instruments.
Adequate training in human rights norms should be provided for attorneys and
members of the judiciary as well as for police, prison and other security
officials. In undertaking the implementation of these recommendations, the
Committee suggests that the State party further avail itself of the Advisory
Services and Technical Assistance Programme of the Centre for Human Eights.
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