ID :
177274
Fri, 04/22/2011 - 13:42
Auther :
Shortlink :
http://m.oananews.org//node/177274
The shortlink copeid
HUMAN RIGHTS REPORT
Ulaanbaatar, Mongolia, /MONTSAME/
(continuation)
Arbitrary Arrest or Detention
The law provides that no person shall be arrested, detained, or deprived of liberty except by specified procedures; however, arbitrary arrest and detention occurred. General public awareness of basic rights and judicial procedures, including rights with regard to arrest and detention, was limited, especially in rural areas.
Role of the Police and Security Apparatus
Security forces are under the jurisdiction of the Ministry of Defense, the Ministry of Justice and Home Affairs, and the General Intelligence Agency. The Defense Ministry oversees national defense and assists in providing domestic emergency assistance and disaster relief, in support of internal security forces. The national police and the Border Force operate under the Ministry of Justice and Home Affairs. The intelligence agency is responsible for both internal security and foreign intelligence collection and operations. The agency's civilian head reports directly to the prime minister. The SPO supervises undercover activities of the police and intelligence agencies.
Mechanisms to investigate police abuses remained inadequate, since investigatory units lacked the resources to pursue all allegations. The SIU investigates allegations of misconduct by law enforcement personnel, prosecutors, and members of the judiciary. According to the SIU, police frequently blocked or impeded the work of its investigators, particularly when the targets of investigation were high-ranking police officials. During the year the SIU received 721 complaints against law enforcement officials, opened cases on 132 of these complaints, refused to open cases on 283 complaints, and transferred 297 complaints to other agencies. At year's end nine cases were under investigation. The SIU investigated a total of 329 persons: 155 police officers, 135 civilians, 29 investigators, five intelligence agency officers, three judges, and two prosecutors. There were no major government actions, including training, to reform the security forces.
There were multiple reports from members of minority groups that ultranationalist groups enjoyed impunity, due to police complacence and unwillingness to apprehend the offenders. Ultranationalists targeted lesbian, gay, bisexual, and transgender (LGBT) persons, Chinese, and Koreans with threats, violence, and the extraction of protection money.
Arrest Procedures and Treatment While in Detention
A judge-issued warrant is required prior to the arrest of a suspect. A "pressing circumstances" exception allows police to arrest suspects without obtaining a warrant. The UN reported that two-thirds of those accused with criminal offenses in Ulaanbaatar were arrested without court authorization.
By law police must request a court order to continue holding suspects after 24 hours. If permission is obtained, police may hold suspects for up to 72 hours before a decision is made to prosecute or release them. If a court order is not granted within 72 hours, police must release suspects.
Detainees generally were informed promptly of the charges against them. The maximum pretrial detention with a court order is 24 months; an additional six months are allowed for particularly serious crimes such as murder. Detainees are allowed prompt access to family members. Detainees may be released on bail with the approval of a prosecutor.
A detainee has the right to a defense attorney during pretrial detention and all subsequent stages of the legal process. If a defendant cannot afford a private attorney, the government must appoint an attorney. Despite this legal provision, many detainees were unaware of their right to a government-appointed attorney and did not assert it. There was a shortage of public-funded and pro bono attorneys for low-income defendants, particularly outside Ulaanbaatar. To address the shortage, the government, working with the UN Development Program, placed an attorney in each of the provincial capitals and the districts of Ulaanbaatar to provide free legal advice. Nonetheless, some detainees refused to use state-funded attorneys for fear that such attorneys would not fairly represent them. Furthermore, many defense attorneys' law licenses remained suspended for providing services to the victims of police violence from the July 2008 riots.
(to be continued)
(continuation)
Arbitrary Arrest or Detention
The law provides that no person shall be arrested, detained, or deprived of liberty except by specified procedures; however, arbitrary arrest and detention occurred. General public awareness of basic rights and judicial procedures, including rights with regard to arrest and detention, was limited, especially in rural areas.
Role of the Police and Security Apparatus
Security forces are under the jurisdiction of the Ministry of Defense, the Ministry of Justice and Home Affairs, and the General Intelligence Agency. The Defense Ministry oversees national defense and assists in providing domestic emergency assistance and disaster relief, in support of internal security forces. The national police and the Border Force operate under the Ministry of Justice and Home Affairs. The intelligence agency is responsible for both internal security and foreign intelligence collection and operations. The agency's civilian head reports directly to the prime minister. The SPO supervises undercover activities of the police and intelligence agencies.
Mechanisms to investigate police abuses remained inadequate, since investigatory units lacked the resources to pursue all allegations. The SIU investigates allegations of misconduct by law enforcement personnel, prosecutors, and members of the judiciary. According to the SIU, police frequently blocked or impeded the work of its investigators, particularly when the targets of investigation were high-ranking police officials. During the year the SIU received 721 complaints against law enforcement officials, opened cases on 132 of these complaints, refused to open cases on 283 complaints, and transferred 297 complaints to other agencies. At year's end nine cases were under investigation. The SIU investigated a total of 329 persons: 155 police officers, 135 civilians, 29 investigators, five intelligence agency officers, three judges, and two prosecutors. There were no major government actions, including training, to reform the security forces.
There were multiple reports from members of minority groups that ultranationalist groups enjoyed impunity, due to police complacence and unwillingness to apprehend the offenders. Ultranationalists targeted lesbian, gay, bisexual, and transgender (LGBT) persons, Chinese, and Koreans with threats, violence, and the extraction of protection money.
Arrest Procedures and Treatment While in Detention
A judge-issued warrant is required prior to the arrest of a suspect. A "pressing circumstances" exception allows police to arrest suspects without obtaining a warrant. The UN reported that two-thirds of those accused with criminal offenses in Ulaanbaatar were arrested without court authorization.
By law police must request a court order to continue holding suspects after 24 hours. If permission is obtained, police may hold suspects for up to 72 hours before a decision is made to prosecute or release them. If a court order is not granted within 72 hours, police must release suspects.
Detainees generally were informed promptly of the charges against them. The maximum pretrial detention with a court order is 24 months; an additional six months are allowed for particularly serious crimes such as murder. Detainees are allowed prompt access to family members. Detainees may be released on bail with the approval of a prosecutor.
A detainee has the right to a defense attorney during pretrial detention and all subsequent stages of the legal process. If a defendant cannot afford a private attorney, the government must appoint an attorney. Despite this legal provision, many detainees were unaware of their right to a government-appointed attorney and did not assert it. There was a shortage of public-funded and pro bono attorneys for low-income defendants, particularly outside Ulaanbaatar. To address the shortage, the government, working with the UN Development Program, placed an attorney in each of the provincial capitals and the districts of Ulaanbaatar to provide free legal advice. Nonetheless, some detainees refused to use state-funded attorneys for fear that such attorneys would not fairly represent them. Furthermore, many defense attorneys' law licenses remained suspended for providing services to the victims of police violence from the July 2008 riots.
(to be continued)
