Constitution of Mongolia (1992, as amended 2001) (excerpts related to Fair Trial) (English)
CONSTITUTION OF MONGOLIA
(excerpts)
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Article 16
The citizens of Mongolia shall be guaranteed to exercise the following rights and freedoms:
13. The right to personal liberty and safety. No one shall be searched, arrested,
detained, persecuted or restricted of liberty, except on grounds and
procedures prescribed by law. No one shall be subjected to torture,
inhuman, cruel or degrading treatment. Whenever the person is arrested,
his/her family and advocate (legal counsel) shall be notified within a period
of time prescribed by law of the reasons for and grounds of such arrest. The
privacy of citizens, their families, confidentiality of correspondence and
communication, and the inviolability of home residence shall be protected
by law.
14. The right to appeal to the court to protect such rights if he/she considers
that the rights or freedoms as prescribed by the laws of Mongolia or by
international treaties have been violated; and shall have the right to be
compensated for damage illegally caused by others; right not to testify
against oneself, his/her family, or parents and children; right to defense;
right to receive legal aid; to have the documents of evidence examined;
right to a fair trial; right to be tried in his/her own presence; right to appeal
against court decisions, and right to request a pardon. It shall be prohibited
to demand, compel or use the force to testify against himself/herself. Every
person shall be presumed innocent until proved guilty by the court through
the due process of law. The punishment and penalties imposed on the
convicted shall not be applicable to his/her family members or relatives.
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Article 53
1. The administration of justice shall be conducted in the Mongolian language.
2. A person who does not know Mongolian language shall be acquainted fully with
the case documentation through an interpretation, and shall have the right to
expression in his/her native language at the court trials.
Article 54
Courts shall adjudicate the cases through open hearings, except for the cases
specifically prescribed by law.
Article 55
1. The accused shall have the right to self-defense.
2. The accused shall be accorded with the professional legal aid in the exercise of
the above right at his/her request or as prescribed by law.
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