Summary

The Special Rapporteur on the independence of judges and lawyers undertook a visit to Mongolia from 6 to 15 November 2023. The aim of the visit was to examine the progress made by the country in implementing its obligations under human rights law to ensure the independence and impartiality of judges and prosecutors and the free exercise of the legal profession.

The Special Rapporteur recognizes the efforts of Mongolia, and its many achievements, in reforming its judiciary since the country’s transition to democracy and the adoption of its Constitution in 1992. She noted that efforts were also in progress to review the Criminal Codes and that a new bill on the establishment of courts was under consideration, providing an opportunity to address the importance of timely and unhindered access to counsel, as a guarantee of the right to a fair trial, and to ensure that no detention was arbitrary.

During her visit, the Special Rapporteur observed that the Constitutional amendments of 2019 and related reforms had taken Mongolia in the right direction. However, procedural reforms and increased financial resources are needed before the full effects will be evident. The Special Rapporteur considers that more enduring structural change is advisable to secure the long-term financial independence of the judiciary.

The prosecution service must take steps to come into line with international human rights standards. The ability of defence advocates to play their crucial role is still stymied by procedural and administrative hurdles that can have an impact on the right to a fair trial.

The Special Rapporteur concludes the report by offering a number of recommendations aimed at further strengthening the independence of judges and prosecutors and the free exercise of the legal profession.