In the context of the UPR, Amnesty International has made the following recommendations to Mongolia
Human Rights Legislation
• To ratify the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the 1951 Refugee Convention, and the International Convention for the Protection of All Persons from Enforced Disappearance;
• To amend national legislation to define torture as a crime in accordance with the definition in the UN Convention against Torture and to include a definition of racial discrimination in accordance with the definition in the Convention on the Elimination of all Forms of Racial Discrimination;
• To ensure that discrimination on the basis of sexual orientation and gender identity is explicitly prohibited in national legislation, including the Constitution of Mongolia;
• To abolish or review Article 44.1 of the Criminal Code so that there is no impunity for human rights violations;
• To enact legislation implementing its obligations under the Rome Statute of the International Criminal Court as a matter of priority and to ratify the Agreement on the Privileges and Immunities of the International Criminal Court.
The death penalty
• To amend the Law on State Secrets and the Law on the List of State Secrets to end secrecy surrounding the death penalty and to make publicly available all information on the death penalty;
• To amend existing legislation with the aim of abolishing the death penalty in law and practice.
• To review arrangements and resources, including funding, for the treatment and custody of all prisoners and detainees, to ensure that they are treated humanely and in conformity with national law as well as the UN Body of Principles for the Protection of All Persons Under Any Form of Detention or Imprisonment, the UN Standard Minimum Rules for the Treatment of Prisoners, and Article 10 of the International Covenant on Civil and Political Rights;
• To allow thorough, impartial and independent inspection of prisons and other detention facilities to assist in ensuring conditions meet international standards.
Torture and other ill-treatment
• To establish effective mechanisms for receiving complaints of torture or other ill-treatment, to provide timely and accessible information on the progress of cases, and to ensure that any person wishing to submit a complaint against law enforcement officials is not in any way obstructed from doing so. When a complaint is rejected as inadmissible, the complainant should be given clear and detailed reasons for the decision, in writing, and information on appeals mechanisms and alternative avenues of recourse;
• To ensure that the Special Investigation Unit of the State General Prosecutor’s Office is provided adequate resources and funding to enable it to carry out prompt, independent, impartial and thorough investigations into allegations of offences involving human rights violations against officials;
• To take urgent steps to introduce video and audio monitoring and recording of all interrogations and in any other areas where torture or other ill-treatment are likely to occur. These recordings must be kept in a secure facility for a reasonable period of time in order to ensure they are available for viewing by investigators if required.
Use of force by law enforcement officials
• To ensure that police are trained to refrain from using force, except in exceptional circumstances as set out in the UN Basic Principles on the Use of Force and Firearms and other international standards. All police officers should be made aware, through the chain of command, that excessive use of force or other violation of human rights will result in investigation and corresponding sanctions;
• To prosecute those suspected of human rights violations in trials that meet international fair trial standards;
• To ensure that victims of crimes committed by law enforcement officials have access to an effective remedy and to receive adequate reparation, including restitution, compensation, rehabilitation, and guarantees of non-repetition in accordance with international standards.
• To combat direct and indirect discrimination against people living in ger districts by providing legislative and practical provisions to ensure their equal access to clean water, sanitation, healthcare, adequate housing, and education;
• To ensure the active participation of people living in ger districts in any upgrading, planning and budgeting processes that affect their lives directly or indirectly. Any upgrading initiatives or housing programmes and policies should be consistent with international human rights standards.
Discrimination against lesbian, gay, bisexual and transgender (LGBT) individuals
• To ensure thorough and impartial investigation into all allegations of attacks and threats against individuals targeted because of their sexual orientation or gender identity and to bring to justice those responsible in accordance with international standards of fair trial;
• To promote the rights to freedom of expression, association and assembly without discrimination of members of the LGBT community and the LGBT Centre.