Mongolia
Mongolia has detailed counterterrorism provisions in its domestic law, including limited offences set forth in its Criminal Code for which the death penalty may be imposed. Mongolia's 2004 Law on Combating Terrorism was revised as the Law on Counter-Terrorism and Proliferation in 2019. There is no carve-out for the exercise of fundamental human rights.
The Definition of Terrorism in Domestic Law
A terrorist act is defined in Mongolia's dedicated 2019 law (revising legislation from 2004) as follows:
any act of frightening the population through illegally demanding that the government or international organization act or not act, or killing, or causing health or material damages to a person, or causing death or injury to a person not actively participating in armed conflict in pursuit of political, religious, ideological and other similar goals.Art. 3.1.4, 2019 Law on Counterterrorism.
A limited definition is also set forth in the Criminal Code, which focuses on attacks against a State or public figure.
Adherence to Global and Regional Terrorism Treaties
Mongolia is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
There is no regional treaty on the combatting of terrorism to which Mongolia can adhere.
Laws and Penalties for Terrorist Offences
Under Article 81 of Mongolia's Criminal Code:
81.1. Encroachment on the life of a state or public figure committed in connection with his/her state or public activities with the view of destabilizing the public order or influencing the decision taken by the government bodies or preventing political or other public activities shall be punishable by imprisonment for a term of 11 to 15 years.
81.2. Assassination of a state or public figure with the view specified in paragraph 1 above shall be punishable by imprisonment for a term of 15 to 25 years or the death penalty.
Counterterrorism Capacities and Policies at Domestic Level
There is no dedicated counterterroism unit in the National Police Agency of Mongolia, although there is a special operations department.
The 2019 Law states that the following principles shall be followed in counterproliferation and counterterrorism activities:
4.1.1. be sustainable, comprehensive, coherent, prompt and continuous;
4.1.2. minimize a potential damage and loss to life, health and assets of a person affected by a terrorism threat;
4.1.3. ensure confidentiality and security of counterterrorist methods, equipment and participants;
4.1.4. provide for integrated, centralized and sustainable management of counterterrorism and counterterrorist special task operations;
4.1.5. rely on research and analysis, science, advanced technology and innovative knowledge;
4.1.6. enhance government-driven inter-action among individuals, legal entities and promote international co-operation.Art. 4, 2019 Law on Counterterrorism.
Glossary
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