Article 16(1) of the 1992 Constitution of Mongolia (as amended) guarantees to the citizens of Mongolia the right to life:
Deprivation of human life shall be strictly prohibited unless otherwise highest measure of punishment, as prescribed by the Criminal Code of Mongolia for the commission of most serious crimes, is sentenced by a final judgment of the court.
Article 16(13) of the Constitution provides that: "No one shall be subjected to torture, inhuman, cruel or degrading treatment."
Article 16(16) guarantees the freedom of peaceful assembly:
The rules of procedures for conduct of demonstrations and public meetings shall be determined by law.
The Constitution does not refer to the police or otherwise regulate the use of force in law enforcement.
|1966 Covenant on Civil and Political Rights (ICCPR)||State Party|
|ICCPR Optional Protocol 1||State Party|
|1984 Convention against Torture (CAT)||State Party|
|Competence of CAT Committee to receive individual complaints||No|
|CAT Optional Protocol 1||State Party|
|1998 Rome Statute of the International Criminal Court||State Party|
There is no regional human rights treaty to which East Asian states can adhere.
Police Use of Force
The 2013 Law on Police governs the National Police Agency, the primary law enforcement agency in Mongolia. Code 224 of the Regulations on Police Activities stipulates that:
It is prohibited for a police officer to treat a temporarily arrested person in a cruel, inhuman and degrading manner, to torture by intentionally inflicting physical and psychological acts and to do any wrongdoing.
National law is said to regulate police use of firearms on the basis of the 1990 United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
There is no independent civilian police oversight body in Mongolia. In its 2017 Concluding Observations on Mongolia, the National Human Rights Commission stated that it remained "concerned about the lack of independence of the Investigative Division of the General Police Department". Under the Law on Police adopted by the government in 2013 the National Human Rights Commission was vested with power to exercise control over the activities of the police.
Views and Concluding Observations of United Nations Treaty Bodies
In its 2017 Concluding Observations on Mongolia, the Human Rights Committee remained concerned
about reports that torture is still used to extract confessions and that impunity for allegations of torture persists.
In its 2016 Concluding Observations on Mongolia, the Committee against Torture called on the authorities to:
Ensure that all reports of torture and ill-treatment by public officials, including the police, are investigated promptly, effectively and impartially by an independent mechanism, with no institutional or hierarchical connection between the investigators and the alleged perpetrators....
There is no regional human rights court with jurisdiction over Mongolia.