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UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Mongolia (CAT 05-09-2016)
The Committee against Torture considered the second periodic report of Mongolia (CAT/C/MNG/2) at its 1443rd and 1445th meetings, held on 2 and 3 August 2016 (CAT/C/SR.1443 and CAT/C/SR.1445), and adopted the following concluding observations at its 1453rd meeting, held on 9 August 2016.
Discrimination and violence against lesbian, gay, bisexual, transgender and intersex persons
- While taking note of the revision of the Criminal Code, under which discrimination on various grounds is prohibited and hate crimes and hate speech outlawed, the Committee remains concerned at recurrent reports that the members of vulnerable populations, in particular lesbian, gay, bisexual, transgender and intersex persons, are subjected to violence, such as physical attacks and other ill-treatment, including by police officers, which makes victims reluctant to even file complaints. The Committee is also gravely concerned at reports that complaints are not registered or investigated by the police and have been dismissed by the Prosecutor’s Office (arts 2, 12, 13 and 16).
- The State party should:
(a) Vigorously enforce the relevant provisions of the Criminal Code as soon as it enters into force on 1 September 2016;
(b) Establish an effective policing, enforcement and complaints mechanism in order to ensure prompt, thorough and impartial investigations into allegations of attacks against persons on the basis of their sexual orientation or gender identity, in line with the Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity;
(c) Ensure that all complaints of attacks and ill-treatment of lesbian, gay, bisexual, transgender and intersex persons are investigated and prosecuted, including those by police officers, and that all persons under investigation are immediately suspended from their duties and remain so throughout the investigation;
(d) Take all the necessary measures to bring perpetrators of violent acts against vulnerable populations, in particular lesbian, gay, bisexual, transgender and intersex persons, to justice;
(e) Provide redress, including compensation and rehabilitation to victims.