review and merely on suspicion that a person may commit an offence, significantly
contravene the relevant provisions of Article 9(2), (3), (4), and Article 14 of the ICCPR
and customary international law to which all States are bound. They are also contrary to
Principle 11 of the Body of Principles on Detention.
7. The close monitoring of visits to detainees under the ISA contravenes Principle 5 of the
Basic Principles on Lawyers, and Principle 18 of the Body of Principles on Detention.
8. The powers of the Advisory Body constituted under Article 151 of the Federal
Constitution should be extended to give detainees an opportunity to be represented by
counsel with a right to challenge the grounds advanced against them. The findings of the
Advisory Body should be made binding on the Minister.
Mongolia
The Advisory Council of Jurists observes and recommends that:
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 detained persons 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.
4. Search powers and detention under the Criminal Procedure Code should not be conducted
on persons under the age of 18 in accordance with the ‘best interests of the child’
principle expressed in Article 3 of the CRC.
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