Mongolia Considers Dropping Capital Punishment

Ch.Unurbayar, Legal policy advisor to President Ts.Elbegdorj, answered our journalist`s questions.

-May I ask you some questions?
-Sure.

-Some local media reports say that the President has pardoned some capital punishments. Can you clarify?

-Mongolia cemented the idea of respecting human rights, freedom, creating a truly democratic, humanely, and fulfilling society in the Constitution. Further, Mongolia is a member of the UN and Mongolia condemns the capital punishment and calls other countries to reject it while supporting UN appeals. The President clearly expressed his opinion of capital punishment in his platform speech to the UN in January of 2010. I want to emphasize that the President has the constitutional right to pardon but parliament also has full power to show mercy.

-But our criminal law still imposes capital punishment; shouldn’t the President`s decision follow with the law?

-The Second Optional Protocol to the International Covenant on Civil and Political Rights aims to abolish the death penalty. This was adopted by the UN General Assembly in 1989 and was signed by Mongolia in 2010.

The Constitution says Mongolia will obey the responsibilities due to the international acts. The international acts and rules should be introduced like a law in Mongolia. Therefore, the President`s decision coincides with the Constitution and other laws but articles in the Criminal law need to be fitted to the international acts. Those works continue.

-What will those changes will be?

-A sentence for life in prison is being considered as a replacement for capital punishment. Dropping capital punishment is becoming a world trend. A study by Amnesty International revealed almost 46 out of 49 countries in Europe rejected capital punishment and the US reduced capital punishment up to 60 percent in the last decade.

-Some people think that the President is likely to pardon to dreadful criminals.

-Dropping the capital punishment does not mean criminals will go free. Instead of capital punishment, a convict gets a sentence of 30 years in prison and history shows no criminals can survive 30 years in prison. Meanwhile, Mongolia avoids having to use the death penalty.