C. Principal subjects of concern and recommendations

Violence against women and domestic violence

27. While welcoming the forthcoming entry into force on 1 September 2016 of the amended Criminal Code criminalizing domestic violence and other forms of violence against women and girls, including those belonging to sexual minorities, and the revised Law on Combating Domestic Violence, and the building of four shelters for victims of domestic violence, the Committee is concerned at the prevalence of violence against women, including domestic and sexual violence, the underreporting of cases, the lack of statistical information on violence against women and the fact that marital rape has not been criminalized (arts. 2, 12–14 and 16).

28. The State party should:
(a) Ensure the vigorous and effective implementation of the relevant articles of the amended Criminal Code and the revised Law on Combating Domestic Violence;
(b) Amend legislation in order to criminalize marital rape;
(c) Establish an effective and independent complaints mechanism for victims of domestic violence;
(d) Ensure that all allegations of domestic violence, including sexual violence and violence against children, are registered by the police and that all allegations of domestic violence are promptly, impartially and effectively investigated and the perpetrators prosecuted and punished;
(e) Ensure that victims of domestic violence benefit from protection, including restraining orders, have access to medical and legal services, including counselling, and a larger number of safe and adequately funded shelters and provide information on the capacity and services provided in the existing shelters and redress, including rehabilitation;
(f) Provide mandatory training for police and other law enforcement officials, social workers, judges, prosecutors and medical professionals on the legislation criminalizing violence against women and on the vulnerabilities of victims of gender-based and domestic violence;
(g) Provide statistical data, disaggregated by age and ethnicity of the victims and their relationship to the perpetrator, regarding domestic, sexual and other forms of violence against women, including marital rape, as well as on the number of complaints, investigations, prosecutions, convictions of perpetrators and sentences handed down.

Discrimination and violence against lesbian, gay, bisexual, transgender and intersex persons

29. 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).

30. 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.

Link to full text of the report: Concluding Observations-CAT-Mongolia-2016-eng