2) SESSION 2 : EXAMPLES OF IMPLEMENTATION OF THE CAT
(facilitated by Dr. Silvia Casale)
Once a country accedes to, or ratifies the CAT, the Committee will engage with the Government and
the stakeholders to receive reports and information on the Convention’s implementation, and to
convey their issues of concern and their observations, and make the necessary recommendations.
2.1)
Example 1- Mongolia
(see Annex 3)
Monggolia ratified the CAT in 2000 and the initial report was due in 2003, which was later
examined by the Committee in 2010.
The Mongolian NGOs in providing facts and information to the Committee, raised both positive
points and some concerns on the implementation of the Convention since the accession. The
NGOs commended the Government on the decrease in the incidents of physical ill treatment in
detention, and for the moratorium on the death penalty as well as the plan to ratify the Optional
Protocol to the CAT.
The Committee, however, was concerned with the country’s incomplete definition of torture, the
lack of fundamental safeguards, non-adherence to the principles of non-refoulement, coerced
confessions, violence against women, human trafficking, labour exploitation and poor conditions
at the detention centres, and deplorable conditions of custody. In 2011, the Committee highlighted
to the Government its dissatisfaction on the overcrowding in the Denjin Myanga detention facility
in Ulaanbatar, where 242 detainees were put in a place built for 150 detainees.
The Mongolian Government informed the Committee of the measures that it had taken in
response to the recommendations, which included, the gradual improvement of conditions in the
centralised detention facilities, the closure of 6 detention centres, frequent visits to the detention
centres, the refurbishment of 10 prisons and the construction of centres fully compliant with the
international standards.
However, to ensure that the measures taken to improve condition as recommended above did not
create other forms of irregularities or violations, the Government was asked as to the number of
detainees who were tranferred consequent upon the closure of the facilities and to where they
were placed. The new facilities and building, though in compliance with international standards,
must also be manned by capable staff or else difficulties may occur for the people within the
prison.
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