•
Right to life;227
•
Freedom of association;228
•
Right to personal security and safety;229
•
Freedom of thought, opinion, expression, speech, press, and peaceful assembly.230
Although, in accordance with the Constitution of Mongolia, all treaties to which Mongolia is
a party automatically become domestic law, Mongolia has amended its Criminal Code over
time to incorporate reference to terrorist activities.231
The Criminal Procedure Code has provisions relating to detention and search and seizure.
The Advisory Council of Jurists observes and recommends:
1. National security concerns need to be balanced with the human rights guarantees in
Mongolia’s constitution and international treaties to which Mongolia is a party, as well as
customary rules of international law.
2. Care must be taken that provisions in the Criminal Code incorporating reference to
terrorist activities are not used to stifle legitimate political dissent and other fundamental
freedoms or to target vulnerable groups.
3. The 14 day detention period under the Criminal Procedure Code for a suspect is in
contravention of the principle of Article 9 of the ICCPR and Principle 11 of the Body of
Principles on Detention. The application of this same detention period to minors
additionally contravenes the principles of the CRC and the Beijing Rules.
227
Article 16(1), Constitution of Mongolia 1992.
228
Article 16(10), Constitution of Mongolia 1992.
229
Article 16(13), Constitution of Mongolia 1992.
230
Article 16(16), Constitution of Mongolia 1992.
The Criminal Code 2002 contains provisions relating to serious bodily harm to and killing of the President
and Members of Parliament, Coup d’etat, sabotage, intended damage to national integrity, kidnapping, terrorist
acts, causing public disorder, organised crime, illicit arms trafficking, ethnic cleansing and training terrorists.
231
108