Research Directorate, Immigration and Refugee Board of Canada
1. Reporting a Crime
In correspondence with the Research Directorate, representatives of an Ulaanbaatar-based law firm, whose practice areas include criminal law, indicated that the Criminal Procedure Code of Mongolia 2017 regulates activities related to the "reporting, registering and investigating" of crimes (Ulaanbaatar-based law firm 2020-11-24). A complete English version of the Criminal Procedure Code of Mongolia 2017 could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
According to the US Overseas Security Advisory Council (OSAC), crimes are reported to the police district where the crime occurred (US 2020-03-17). The same source adds that if reporting in the local jurisdiction is not possible, crimes can be reported to the police in Ulaanbaatar or the "closest" city (US 2020-03-17). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
In correspondence with the Research Directorate, the Consul of the Mongolian Embassy to Canada in Ottawa indicated that there are designated phone numbers to report emergencies in Mongolia, including dialing 102 for police emergencies (Mongolia 2020-12-17).
According to a July 2016 interview with a public relations representative of the Metropolitan Police Department of Ulaanbaatar by the UB Post, a Mongolia-based English newspaper (The UB Post n.d.), the iPOLICE smartphone application, which allows individuals to upload videos and photos of criminal activity, was launched in the second quarter of 2016; iPOLICE will forward the complaint to the police department in the relevant district (The UB Post 2016-07-07).
The information in the following paragraphs was provided by representatives of the Ulaanbaatar-based law firm, based on a review of the Criminal Procedure Code of Mongolia 2017:
Individuals ("complainants") may file a complaint or provide information about a crime to the police orally, in writing or using communication technologies such as phone or email. There is also a police hotline, mailing list and email address "to receive complaints and information about crimes." Legal entities and officials must submit complaints and information about crimes to the police in writing. The procedure [for reporting a crime] is "the same" throughout the country.
It is "not possible to file a complaint or information anonymously." However, if the complainant requests or if disclosure of the complainant's identity puts the individual at risk, the police can ask the prosecutor to "take measures, such as concealing the complainant's name, address, work and other information, or giving him/her a pseudonym" (Ulaanbaatar-based law firm 2020-11-24).
Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
2. Police Reports
Information on police reports in Mongolia was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.
2.1 Police Report on Criminal History
The Consul indicated that the government has launched a new electronic service that can generate "almost all kinds" of reports online, including police reports on criminal history (Mongolia 2020-12-17). The same source added that [as of December 2020], this e-service is "only" available to residents of Mongolia (Mongolia 2020-12-17). MONTSAME News Agency, Mongolia's state-owned news agency (Xinhua News Agency 2020-01-24), reports that the E-Mongolia electronic platform, a "one-stop shop for various government services," was launched on 1 October 2020 (MONTSAME News Agency 2020-10-02). A sample of a police report on criminal history generated by E-Mongolia, provided by the Consul, is attached to this Response (Attachment 1).
2.2 Police Report on Crime
The Consul indicated that for a crime, the police "usually" get written reports or statements from those involved in the incident (Mongolia 2020-12-17).
The information in the following paragraphs was provided by the representatives of the Ulaanbaatar-based law firm:
In accordance with the law, the police will receive complaints and information related to crime by "taking an official note. This applies throughout the country, whether at Ulaanbaatar or local police precincts." A sample of a police note, provided by the representatives, is attached to this Response (Attachment 2).
After the police have completed the investigation of the complaint or information, the victim has the right to view the case files. The complainant has the right to receive a copy of the original complaint or information and amend them, but the complainant is not allowed to receive the original or a copy of their statement. A witness shall only have the right to view his or her testimony and shall not have access to all other documents and materials of the case. If the court delivers a judgment, the decision will be available to anyone, but it can be restricted due to personal secrecy concerns. Upon the victim's request or complaint, court documents and original court decisions are handed over to the victim.
The victim's attorney has the right to make copies of the facts and materials of the case investigated by the police and shall use the documents only in connection with the case.
In accordance with the Criminal Procedure Code of Mongolia 2017, a copy of the complaint made to police can be obtained free of charge and "without any obstacles" by submitting a written request to the investigator or prosecutor in charge; the police will respond within seven to fourteen days. For the protection of their rights "relevant to the investigation of the crime," a victim or witness is allowed to view case file documents, including the police report, but not to request copies (Ulaanbaatar-based law firm 2020-11-24).
Further and corroborating information on police reports, including appearance and security features, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Mongolia. 2020-12-17. Mongolian Embassy to Canada. Correspondence from the Consul to the Research Directorate.
MONTSAME News Agency. 2020-10-02. Baljmaa T. "'E-Mongolia' Electronic Platform Launched to Provide 181 Government Services." [Accessed 2020-12-18]
The UB Post. 2016-07-07. "iPolice Application Assists in Reporting Criminal Activities." [Accessed 2020-12-14]
The UB Post. N.d. "About Us." [Accessed 2020-12-14]
Ulaanbaatar-based law firm. 2020-11-24. Correspondence from representatives to the Research Directorate.
United States (US). 2020-03-17. Department of State, Overseas Security Advisory Council (OSAC). Mongolia 2020 Crime & Safety Report. [Accessed 2020-12-14]
Xinhua News Agency. 2020-01-24. "Herder Woman Saves Husband from Wolf Attack in Mongolia." [Accessed 2020-12-18]
Additional Sources Consulted
Oral sources: Mongolia – Embassy of Mongolia to the US in Washington, DC, National Legal Institute, National Police Agency; three Mongolia-based law firms.
Internet sites, including: The Advocates for Human Rights; The Asia Foundation; Austrian Red Cross – ecoi.net; The Diplomat; Factiva; Finland – Ministry for Foreign Affairs; INTERPOL; Mongolia – National Legal Institute, National Police Agency; UK – Foreign, Commonwealth and Development Office; UN – Refworld.
Attachments
- Mongolia. 2020-12-05. E-Mongolia. Sample of a police report on criminal history. Sent to the Research Directorate by the Consul of the Embassy of Mongolia to Canada, 2020-12-17. Translated by the Translation Bureau, Public Services and Procurement Canada.
- Mongolia. 2017-11-15. Sample of a police note. Sent to the Research Directorate by representatives of an Ulaanbaatar-based law firm, 2020-11-24. Translated by the Translation Bureau, Public Services and Procurement Canada.
