Some human rights issues in the pre-trial criminal procedure in Mongolia

Abstract

Mongolia has removed the socialist system adopting new Constitution in 1992, and chosen the way of democratic legal development with market system. Under adoption of Criminal Procedure Code in 2002, Mongolia could perform legal reform with relatively advanced regulation removing limited rules of human rights in the criminal process of previous system. But it does not negate that some positive changes appeared in the pre-trial criminal procedure for nearly 10 years since the effectiveness of Mongolian Criminal Procedure Code of 2002. In fact, action to resolve the minor case through simplified rule was performed for the first time, types of arresting and restraint measure of suspect was expanded as well as the procedure for the complaint and request by participants in the criminal process improving the possibility of suspect and accused to enjoy their rights were optimized. Along with, abnormality of previous system where procurator pays control to the decree of the court was removed and the function of procurator was changed as accusatory function according to common standard. Before, inquiry to all cases was annulated and refers to only minor crime. But Mongolian Criminal Procedure Code is not able to meet present requirement and the violation of basic principles of common standard and law in the pre-trial procedure is being increased and has been the faced issue of Mongolia. In fact, serious violations such as delay of investigational procedure (up to 30 months), common use of restraint measure, incomplete removal of inappropriate type of torture in the searching and examining procedure are existed realistically. During last 10 years, nearly 10 domestic and international projects which aim to improve legal regulation of Mongolian Criminal Procedure have been implemented and in the result of including them in the state policy, the process to newly formulate the draft for Criminal Inspection Procedure Law started after annulling effective Criminal Procedure Code in a whole from May, 2013 as well as is being submitted to the Parliament at present. Above mentioned subject has been not only faced topic in the Mongolian Legal science but the core issue of theory and practice which is required to be resolved in near future.