Below is the full version of the speech addressed by Mr. Byambadorj Jamsran, Chief Commissioner of the NHRCM at the event named “Preventive actions against torture,” held in the Government House, on 31 October 2013.
Good morning Ladies and gentlemen.
Since its establishment in 2001, National Human Rights Commission of Mongolia, in order to increase the effectiveness of the law enforcement organisations’ activities to ensure and protect human rights, improve coherence between the organizations, strengthen the legal environment, cooperated with the relevant authorities by giving recommendations on right to be free from torture, signing joint memoranda of understanding, monitoring over the implementation of the right, and making assessments.
The NHRCM annually submits report on human rights and freedoms in Mongolia to the State Great Khural. Within the scope of the reports, the NHRCM has made assessments on the implementation of the state duty to implement, protect, and restpect the right to be free from torture based on the results of studies, inquiries, and clear evidences and given relevant recommendations. The reports submitted to the State Great Khural in 2003, 2004, 2006, 2010, and 2012 included recommendations to guarantee right to be free from torture and take certain measures so that the state can abide its duties it holds before international community.
When making effort to improve the enjoyment of the right to be free from torture and elimination of torture practice, main indicators of implementation of the duties by the state parties before the international community are compliance of national legislation adhered to in the activities of the law enforcement agencies with the internatinal norms and standards, regular preventive actions against torture, timely detection of torture incidents, and measures to impose sanctions to those guilty.
According to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Government of Mongolia, within the scope of legal reform, has undertaken various
progressive actions in improving legislation and policy to prevent from torture and impose punishment to those who committed torture crimes, improving the situation of the facilities where rights are restricted, and clarifying the powers of the law enforcement officers, but there are still complaints on incidents of torture in practice.
When the NHRCM investigates the complaints and information on torture incidents, most cases were results from the poor skills, outdated approach, and obsolete methods of certain persons including some investigators. In addition, failure to provide investigation agencies with up-to-date equipments and tools that can satisfy the current needs is another factor influencing the situation. As one of its initiatives, the NHRCM signed memorandum of understanding with Independent Authority against Corruption, Investigation Division of the General Intelligence Agency, the Investigative Unit under the State Prosecutor General, General Police Department, General Authority for Implementing the Court Decision for the second time to guarantee the right to be free from torture, and to prevent from it on 27 June 2011.
Today main objective of this event is to share information on the activities each organization has undertaken in preventing from torture within the scope the memorandum of understanding and to develop plan of joint activities in further goals.