Rights during investigation - not to be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment

Mongolia

Mongolia - Constitution 1992 (EN)

Chapter Two
Human Rights and Freedoms

Article 16 [Citizen's Rights]
The citizens of Mongolia are enjoying the following rights and freedoms :

13) The right to personal liberty and safety. No one may be searched, arrested, detained, persecuted, or restricted of liberty save in accordance with procedures and on grounds determined by law. No one may be subjected to torture, inhuman, cruel, or degrading treatment.

Chapter Two
Human Rights and Freedoms

Article 16 [Citizen's Rights]
The citizens of Mongolia are enjoying the following rights and freedoms :

14) Compelling to testify against oneself is prohibited.

Mongolia - Criminal Code 2002 (EN)

GENERAL PART

TITLE 1
GENERAL PROVISIONS

CHAPTER ONE. PURPOSE AND PRINCIPLES OF THE CRIMINAL CODE OF MONGOLIA

Article 7. Principle of Humanity

7.1. Punishment and measures of coercion to be imposed to a person who committed a crime may not have the purpose of inhumane, cruel treatment or degrading his/her honor and dignity.

Mongolia - Criminal Procedure Code 2001 (EN)

PART I
GENERAL PROVISIONS

CHAPTER TWO
TASKS AND PRINCIPLES OF CRIMINAL PROCEEDING

Article 10. Ensuring the Right for Inviolability of Person

10.2. It shall be prohibited to keep any body in medical institutions for tests without a procurator's or
judge's sanction or to confine under guard without a judge's sanction.

10.3. Procurators shall have the duty to immediately release persons illegally arrested or confined
under guard, or serving imprisonment sentences or kept in medical institutions, or serving excessive terms on top of those provided by law or a court decision.

10.4. It shall be prohibited to torture, to treat inhuman or cruel way any body and to insult his/her
reputation.

PART I
GENERAL PROVISIONS

CHAPTER TWO
TASKS AND PRINCIPLES OF CRIMINAL PROCEEDING

Article 16. Thorough, Complete and Objective Determination of Circumstances of Case.

16.3. It shall be prohibited for inquiry officer, investigator, procurator and court to demand from the
suspect, accused or defendant to make testimony against themselves or to use pressure or force in order to retrieve testimony.

16.4. It shall be also prohibited to demand from a member of the family, parents or children of the
suspect, accused or defendant to testify against them.

PART IV
EVIDENCE, ACTIONS TO PROVE

CHAPTER ELEVEN
EVIDENCE

Article 81. Testimony of Suspect

81.2. It is prohibited to coerce a suspect to give a testimony, or to subject him/her to inhuman or
cruel treatment, or to insult his/her dignity.

PART IV
EVIDENCE, ACTIONS TO PROVE

CHAPTER ELEVEN
EVIDENCE

Article 82. Testimony of Accused

82.3. It is prohibited to coerce an accused to give a testimony, or to subject him/her to inhuman or
cruel treatment, or to insult his/her dignity.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;