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. 27

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