The Mongolian justice system has progressed significantly towards protection against arbitrary detention but it is important not to stop, as further measures are needed if rights are to be fully respected, UN experts said.

While commending the government for multiple reforms during the past five years, a delegation from the UN Working Group on Arbitrary Detention said arrests without a judicial warrant are still the norm rather than the exception in Mongolia and individuals are routinely interrogated in police custody without the presence of a lawyer.

“It is concerning that criminal investigators and prosecutors enjoy vast and unchecked powers, while defendants are not afforded all the guarantees of due process, disregarding the equality of arms,” the group said in a statement at the end an official visit to the country. It has made recommendations to the Government on how to further strengthen safeguards.

“We welcome the reform of criminal justice laws, the enactment of a law on human rights defenders, as well as the establishment of a National Preventive Mechanism. Nevertheless, these strategic decisions need to be effectively translated into practice, since the adequate implementation of the law cannot be taken for granted.”

The experts said the judicial system is under immense pressure, due to the lack of new and specialised courts, shortage of staff and case overload.

“This situation could be preventing judges from devoting sufficient time to give detailed consideration to each case, opting for simply granting the prosecutors’ request, without giving due consideration to the arguments and evidence presented by the defence.”

Some crimes were vaguely worded or not properly defined in legislation, including provisions used to combat the spread of COVID-19.

“It is concerning that these could be used to interfere with the legitimate work of human rights defenders, especially as they protest against strategic development projects or to restrict the peaceful expressions of opinions and freedoms of assembly and association,” the experts said.

The Working Group said Mongolia was tackling what appears to be a widespread problem of alcohol abuse and it recommended that the Government approach this from a health and social perspective, for example, by implementing community-based treatment. Resorting to deprivation of liberty and tasking the security and law enforcement agencies or officials with the prime responsibility was not the answer.

During the visit, from 3 to 14 October, the delegation – Elina Steinerte and Matthew Gillett – met Government officials, judges, prosecutors and lawyers, civil society representatives and other stakeholders. They visited 21 facilities and interviewed around 65 people deprived of their liberty.

A final report on the visit will be presented to the Human Rights Council in September 2023.