Summary

The Working Group on Arbitrary Detention visited Mongolia from 3 to 14 October 2022 at the invitation of the Government. The Working Group identified positive developments, including the 2020 revision of the Law on the National Human Rights Commission of Mongolia and the corresponding advancement of the mandate of the Commission; the designation of the national preventive mechanism; the adoption of the Law of Mongolia on the Legal Status of Human Rights Defenders; the adoption of several amnesty laws, including the 2021 Amnesty Law; the absence of systemic detention in the context of migration in the country; and the approach of voluntary admission to State-run care institutions for persons in need of assisted living. Challenges were identified, however, in the criminal justice system, including shortcomings in the implementation of the revised Criminal Procedure Code and the detention of persons in police custody. The Working Group also expressed concern regarding procedural guarantees and fair trial rights, certain behavioural regimes in prisons and a lack of transparency in the early conditional release mechanism. Some legislative provisions were found to be not fully aligned with the requirements of international law in the area of the prohibition of the arbitrary deprivation of liberty. The Working Group further observed that there are no specialized courts for youth and expressed concern that children detained in general pretrial detention facilities are not provided with educational activities. Finally, the lack of community-based services for persons with psychosocial disabilities have resulted in such persons remaining indefinitely at the National Centre for Mental Health. Among other recommendations, the Working Group encourages Mongolia to adopt specific practices that offer greater protections against arbitrary detention.