The NHRCM receives and handles complaints which citizens of Mongolia, individually or in a group and personally or in written form or by e-mail, and foreign nationals, stateless persons, non-governmental organizations, trade unions through their representatives may lodge to the Commission in case of violations of human rights and freedoms.
POWERS OF COMMISSIONERS WITH RESPECT TO THE ACCEPTANCE OF COMPLAINTS
Commissioners exercise the following powers with respect to the acceptance of complaints:
- To accept and examine complaints;
- To refuse to accept the complaints, which do not meet the requirements;
- To transfer complaints with respect to criminal and civil cases and disputes to relevant authorities or official according to their jurisdiction;
4.To explain to the Complainant what rights and duties he/she has with regard to the restoration of violated rights.
POWERS OF COMMISSIONERS WITH RESPECT TO INQUIRY OF COMPLAINT
Commissioners exercise the following powers during the course of inquiry:
- To take explanations in writing from the Complainant and relevant business entities, organizations, officials or individual persons and take explanations orally and take notes thereon if the Complainant is illiterate’
- To summon the Complainant and relevant persons;
- To have unrestricted access to any business entity or organization and to participate in their meetings and conferences, and to meet in person with the relevant officials;
- To obtain without any charge the necessary evidence, official documents and information from organizations and/or officials, and to get acquainted with them on the spot;
- To appoint experts from the appropriate organizations in a case of necessity for the specialized knowledge, and to get their expert-opinions;
- To transfer a complaint to the relevant authorities or officials according to their jurisdiction, if it is considered that this complaint has a nature of criminal or civil case during the course of examination;
- To conduct alone an inquiry into the activities of business entities, organizations or officials, or jointly in the basis of a proposal by the competent State authority and their officials;
- To access the confidential date/secrets of the State, organization or individual person in accordance with procedure established by the relevant law, if Commissioners considers it necessary during the course of exercise of his/her powers;
Commissioners must keep the confidential date/secrets of the State in good faith, as well as the organization or individual person, which he/she came to know about during the course of conducting the official business or which has been informed to him/her in trust.
POWERS OF COMMISSIONERS IN RESPECT OF DECISION-MAKING ON COMPLAINTS
Commissioners exercise the following powers with respect to making a decision:
- To submit claims to the Courts with regard to issues of violations of human rights and freedoms by business entities, organizations, officials or individual person to participate in person or through a representative in judicial proceedings in accordance with procedure established by the law;
- To put forward requests to the competent authorities or officials with regard to imposing administrative sanctions on officials who, as he/she considers, have violated human rights and freedoms;
- To demand organizations or officials to stop activities which violate human rights and freedoms, or which create conditions for such violations;
- To decide the issues by way of conciliation of the parties;
- To return a complaint to the Complainant if he/she considers it to be without grounds.