[{"bbox": [96, 152, 1134, 287], "category": "Text", "text": "12.5 billion. According to a study by the Mongolian Bar Association and Asia foundation in 2019⁵, 40% of respondents had the impression that citizens and business entities try to illegally influence the judicial and law enforcement officers. 38% of law enforcement officers and judicial officers answered that they are illegally influenced during the course of their action. This is a reflection of perception rather than reality. However it shows that independence of the judiciary is an important topic to address."}, {"bbox": [96, 298, 1134, 459], "category": "Text", "text": "On 27 March 2019, the Mongolian parliament adopted amendments to the Laws on Legal Status of Judges, Public Prosecutor's Office, and Anti-Corruption. These amendments eventually led to the arbitrary dismissal of a number of key justice actors (prosecutor-general, chief justices, judges). These developments also alarmed the UN Special Rapporteur on the situation of human rights defenders, who expressed concern that such changes would deeply undermine the separation of powers, would dangerously reduce the independence of the judiciary, erode the concept of checks and balances, and limit the capacity of the judiciary to combat corruption and impunity."}, {"bbox": [96, 469, 1134, 602], "category": "Text", "text": "On 14 November 2019, the Parliament passed amendments to the Constitution, which led the Parliament to adopt on 15 January 2021, the revised Law on Courts,⁶ in order to harmonise the law in relation to the constitutional amendments. The law replaces four separate laws: the Law on Courts (2012), the Law on Judicial Administration (2012), the Law on the Legal Status of Judges (2012), and the Law on Legal Status of Citizen Representatives of Court Trials (2012)."}, {"bbox": [96, 614, 1134, 776], "category": "Text", "text": "The revised Law on Courts, foresees among others that the Judicial General Council (JGC) is composed of 10 members (in the past 5), 5 non-judge members appointed by the Parliament, and 5 judge members elected from the Judicial General Assembly (in the past they were all appointed by the President). In addition, the Judicial Qualification Committee and the Judicial Ethics Committee were dissolved and superseded by the Judicial Disciplinary Committee (JDC), which aims to be an independent body responsible for the suspension, dismissal and other disciplinary action of a judge."}, {"bbox": [96, 786, 1134, 921], "category": "Text", "text": "In relation to the appointment of judges, the President still has the power to appoint judges, but only following nominations from the JGC and the Parliament. However, appointment of Chief Justices of the first instance and appellate courts has been changed; previously, the President appointed Chief Justices of first instance and appellate courts, but now they are elected through secret ballot by the Council of Judges. As for the Chief Justice of the Supreme court he is still appointed by the President following nomination by the Supreme Court."}, {"bbox": [96, 930, 1134, 1301], "category": "Text", "text": "With regard to development policies of Mongolia, Vision 2050 that was adopted by the Parliament in 2020 constitutes the long-term development policy of Mongolia (divided in 3 phases). In this policy, as well as in other policy documents approved by the Parliament (e.g., Action plan 2021-2030 under Vision 2050, General Direction for the Development of Mongolia in 2021-2025, the Action Plan of the Government of Mongolia for 2020-2024), there are objectives and provisions outlined which underpin the importance of strengthening the independence of judiciary, fighting corruption and respecting human rights. For instance, few of these objectives/provision foresee: to build sustainable governance by balancing the separation of powers and the process of monitoring; reduce cases of corruption and misconduct by strengthening the national justice system; develop a multilateral partnership for promoting full respect for human rights and improving the regulatory framework; establish a citizen-centred judicial system by ensuring the impartiality of judges and the independence of the judiciary; launch ethics training programs for developing human resource capability of the judiciary sector; promote public trust by implementing programs for enhancing judicial transparency, accessibility; ensure the independence of judges and the judiciary, law reform that promotes human rights, the economy and the business environment, and strengthen justice and the rule of law."}, {"bbox": [96, 1314, 1134, 1474], "category": "Text", "text": "The challenges lay in the implementation of these objectives/provisions by the relevant institutions, as well as in following up on recommendations linked to justice system (including numerous training recommendations) from international treaty monitoring bodies (eg Committee on the Elimination of Racial Discrimination, Human Rights Committee, Committee on the Rights of the Child, Committee Against Torture, Committee on the Elimination of Discrimination Against Women, Committee on Economic, Social and Cultural Rights, Committee on the Rights of Persons with Disabilities)."}, {"bbox": [96, 1486, 1134, 1568], "category": "Text", "text": "As Mongolia is looking to its “third neighbours” to expand cooperation also in maintaining democracy and lessen dependencies and influence from its two geographical neighbours, the EU could further consolidate its position as a key partner of reference in the country with this Action, and also as one of the largest donors present. Through"}, {"bbox": [86, 1600, 521, 1625], "category": "Footnote", "text": "⁵ Personal communication as the report is not public"}, {"bbox": [86, 1625, 822, 1646], "category": "Footnote", "text": "⁶ For an overview of the courts structure, see table below in Section 2.2. at the stakeholder outline."}, {"bbox": [1038, 1682, 1143, 1706], "category": "Page-footer", "text": "Page 5 of 30"}]