ID :
111866
Tue, 03/16/2010 - 18:17
Auther :
Shortlink :
http://m.oananews.org//node/111866
The shortlink copeid
HUMAN RIGHTS REPORT OF MONGOLIA FOR 2009
(continuation)
e. Denial of Fair Public Trial
The law provides for an independent judiciary, and the government generally respected this provision in practice; however, corruption and outside influence were problems. Bribery could contribute to the dismissal of a case or reduction of a recommended sentence. Blackmail and identity fraud were also sources of corruption.
During the year there was one misconduct case opened concerning judicial corruption. The judge in question was found guilty but spared punishment under the president's July blanket amnesty law. In the two cases involving judges pending at the end of 2008, one resulted in an acquittal and the other remained in trial.
The judiciary consists of district and provincial courts as well as the Supreme Court and the Constitutional Court. District courts primarily hear routine criminal and civil cases, while more serious cases, such as murder, rape, and grand larceny, are sent to the provincial courts. Provincial courts also serve as appeals courts for lower court decisions. The 17-member Supreme Court is the court of final appeal, hearing appeals from lower courts and cases involving alleged misconduct by high-level officials. The Constitutional Court, which is separate from criminal courts, has sole jurisdiction over constitutional questions.
The General Council of Courts nominates candidates for vacancies on the courts; the president has the power to approve or refuse such nominations. The council also is charged with protecting the rights of judges and providing for the independence of the judiciary.
Trial Procedures
The law provides for the right to a fair public trial by a judge. The law provides that defendants are innocent until proven guilty. Juries are not used. Closed proceedings are permitted in cases involving state secrets, rape cases involving minors, and other cases as provided by law. Defendants may question witnesses, present evidence, and appeal decisions. The law extends these rights to all citizens.
Despite these provisions, trial procedures were often plagued by legal inconsistencies. There was a shortage of state-provided defense lawyers, and many defendants lacked adequate legal representation. Judges often relied on confessions, many of which were coerced by police, in convicting defendants.
Political Prisoners and Detainees
There were no reports of political prisoners or detainees.
Civil Judicial Procedures and Remedies
Administrative as well as judicial remedies are available for alleged wrongs. Corruption and outside influence were problems in the civil judicial system, and enforcement of court orders was also a problem. Although by law victims of police abuse can sue for damages, in practice few were able to claim compensation.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The law prohibits such actions, and the government generally respected these prohibitions in practice.
B.Khuder
(to be continued)
e. Denial of Fair Public Trial
The law provides for an independent judiciary, and the government generally respected this provision in practice; however, corruption and outside influence were problems. Bribery could contribute to the dismissal of a case or reduction of a recommended sentence. Blackmail and identity fraud were also sources of corruption.
During the year there was one misconduct case opened concerning judicial corruption. The judge in question was found guilty but spared punishment under the president's July blanket amnesty law. In the two cases involving judges pending at the end of 2008, one resulted in an acquittal and the other remained in trial.
The judiciary consists of district and provincial courts as well as the Supreme Court and the Constitutional Court. District courts primarily hear routine criminal and civil cases, while more serious cases, such as murder, rape, and grand larceny, are sent to the provincial courts. Provincial courts also serve as appeals courts for lower court decisions. The 17-member Supreme Court is the court of final appeal, hearing appeals from lower courts and cases involving alleged misconduct by high-level officials. The Constitutional Court, which is separate from criminal courts, has sole jurisdiction over constitutional questions.
The General Council of Courts nominates candidates for vacancies on the courts; the president has the power to approve or refuse such nominations. The council also is charged with protecting the rights of judges and providing for the independence of the judiciary.
Trial Procedures
The law provides for the right to a fair public trial by a judge. The law provides that defendants are innocent until proven guilty. Juries are not used. Closed proceedings are permitted in cases involving state secrets, rape cases involving minors, and other cases as provided by law. Defendants may question witnesses, present evidence, and appeal decisions. The law extends these rights to all citizens.
Despite these provisions, trial procedures were often plagued by legal inconsistencies. There was a shortage of state-provided defense lawyers, and many defendants lacked adequate legal representation. Judges often relied on confessions, many of which were coerced by police, in convicting defendants.
Political Prisoners and Detainees
There were no reports of political prisoners or detainees.
Civil Judicial Procedures and Remedies
Administrative as well as judicial remedies are available for alleged wrongs. Corruption and outside influence were problems in the civil judicial system, and enforcement of court orders was also a problem. Although by law victims of police abuse can sue for damages, in practice few were able to claim compensation.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The law prohibits such actions, and the government generally respected these prohibitions in practice.
B.Khuder
(to be continued)
