Before talking about this right, let’s look briefly at the meaning of the English words “immunity”, “safety”, “security” and “inviolability”, which are used in human rights documents of international law. According to the Ya.Tsevel’s Mongolian Language dictionary /1966/ these words mean “ prohibited to attempt, to come together, inviolable right”, in contrast by the electronic dictionary www.onelook.com these words are interpreted as freedom or exemption from any charge, duty, obligation, office, tax, imposition, penalty, service and the immunity of the clergy.
From one side inviolable rights are connected with high authority and diplomatic official’s immunity, and privileges or related to the immunity of state representatives from responsibility or to their protection.

But the topic of this lecture is related to inviolable rights of International Humanitarian Law and International Human Rights. According to the four Geneva Conventions /1949/ and its two Optional Protocols /1977/, during armed conflict all civilians, the protected people are under protection from any infringement and enjoy inviolable rights.
The article 3 of the Universal Declaration of Human Rights, articles 9, 17 of International Covenant of Civil and Political Rights and part 13 of article 16 of the Constitution of Mongolia has declared that the inviolable rights are negative rights and are part of human civil rights. Additionally these documents site, that it is prohibited to legitimate infringement of these inviolable rights. /the right to personal liberty and safety/. No one shall be searched, arrested, detained, prosecuted or restricted of liberty except in accordance with procedures and grounds determined by law. No one shall be subjected to torture, inhuman, cruel or degrading treatment. When a person has been arrested he/she, his/her family and counsel shall be notified within a period of time established by law of the reasons for and grounds of the arrest. Privacy of citizens, their families, correspondence and homes shall be protected by law /the part 13 of article 16 of the Constitution of Mongolia/.

In our north neighbor’s Constitution of the Russian Federation, articles from 22-25, 35 /there are 48 article of total 136 articles dedicated to human rights and freedoms/ this right is defined more clearly, for example, “Everyone shall have the right to freedom and personal immunity. Arrest, detention and remanding in custody shall be allowed only by court decision. Without the court’s decision a person may be detained for a term more than 48 hours.” /Article 22 of the Russian Federation Constitution/

Pursuant to articles 37-40 of Part II of the Constitution of the People’s Republic of China, which is called “The fundamental rights and duties of citizens”, “Citizens of the Republic of China also has the right to personal inviolability”.

With reference to the Constitution of United States of America /1787/, part II of article 4 ”The citizens of each State will be entitled to all privileges and immunities of citizens in the several States”.

Also this right is more clarified in Peace Declaration /1791.12.15/ and the fourth amendment of the Constitution. /The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated and no warrants should issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized. The Constitution of the United States of America, Amendment IV/.

Generally speaking, many our scholars have discussed and definitely interpreted this right in their works.

By comparing related articles of national and foreign constitutions I should propose following classification of inviolable rights:

- Inviolability of life;
- Inviolable right to dignity and reputation;
- Physical inviolability;
- Mental inviolability;
- Inviolability of house;
- Inviolability of privacy /privacy of correspondence, medical records, family, documents/;
- Inviolability of documents;
- Inviolability of ownership /pecuniary and intellectual/;

Some branches of these rights shall be subject to limitation only by law on the grounds defined by the Constitution and by other laws, for example in case of emergency or wartime. The limitation shall not affect the right to life, freedom of opinion, conscience and religion, as well as the right not to be subjected to torture, inhuman, and cruel treatment / article 19 of the Constitution of Mongolia/

To be clear, under no circumstance can the inviolability of life, dignity, physical and mental inviolability been limited.
The grounds to be free form torture, form physical or mental infringement comes from the International Convention against Torture and other Cruel, Inhuman or Degrading Treatment on Punishment /1984/. The Convention defines torture as any act by which severe physical or mental pain or suffering is intentionally inflicted by, at the instigation of, or with the acquiescence of someone acting in an official capacity, to obtain information or a confession, to punish, intimidate or coerce, or for any reasons based on discrimination.

In addition, I should mention many laws directly related to the rights of personal liberty and safety. For example, Law on Police, Law on Execution of Court Decisions, Law on Children’s rights, Civil and Criminal Code, Code of Criminal Procedure, Law on Intelligence Organs, Law on Administrative Liability, Law on Author’s rights, Law on State Emergency, State of War Law, Law on Mobilization, Law on Personal Privacy.
For example, article 8 of Law of Mongolia on Intellectual Property states that an author’s work is inviolable and it is prohibited to copy or edit it in any form without the author’s permission.

Every crime, which is defined in Criminal Code of Mongolia absolutely, infringes the citizen’s inviolable rights. Pursuant to the recently passed Criminal Code, which will enter into force on September 01, 2002 the following crimes legitimated as crimes against inviolable rights and will follow appropriate liability:
a/an illegal acquisition of organs of the body /article 101/
b/ a kidnapping /article 108/
c/ an illegal deprivation of freedom /article 109/
d/ insult /article 110/
e/ slander /article 111/
g/ hostage /article 112/
h/ sale of people /113/
i/ a violation of the privacy of correspondence /135/
j/ a divulgence of personal privacy /136/
j/ the violation of the inviolability of house /137/.

Some scholars have interpreted articles of the Criminal Code related to inviolable rights, that will be used in court practice. For example, the 13-th Resolution of the State High Court states that “rowdy action” can be directed against citizens. Scholars interpret “rowdy action” as an action that prejudices the generally recognized individual’s inviolable rights and freedoms, their dignity, their precious spirit to live peacefully and to respect a beauty and morality.

The new Criminal Procedural Code clarified and land legitimated the inviolable rights of individuals sited in articles 12, 13 of previous, now acting law, which met with requirements of the Constitutional principles. For example, it is very significant, that according to articles 10, 11, 12 of the New Code, every suspected has the right to be notified and informed of the reasons for and grounds of the arrest, and has the right to be reminded that he/she has the right to receive legal assistance, to defense, to appeal to the court and not to be compelled to give testimony against himself/herself.

On the other hand, some articles of laws are inconsistent with human inviolable rights declared in the Constitution of Mongolia.
The article 41 / Decision on detention and the execution of it/ of the newly passed Law of Mongolia on The Execution Of Court Decision, states, that who refuses to give testimony about property without insignificant reason and conceals that property or intentionally avoids payment, will be sentenced by court decision to the detention for the term of no more than three months. Also it says that the member of the government who is related to legal affairs will establish the detention procedures.
But the President of Mongolia vetoed this article, taking in consideration that this article may seriously violate human rights and freedoms stated in Mongolian Constitution. Consequently, Ikh Hural declared this article invalid.
The article stating the detention for the term of no more than three months is an enforcement measure, which fits with the arrest punishment indicated in the Criminal Code of Mongolia and stating that the detention procedures will be established by a member of government, who is related to legal affairs contravenes the part 13 of article 16 of the Constitution Mongolia, which says that " no one shall be arrested, detained or restricted of liberty save in accordance with procedures and grounds determined by law".
Also, the resident of Ulaanbaatar’s Songino Khairkhan district, P.Battogtokh brought an action to the Constitutional Court of Mongolia about the contradiction of the part II of article 17 of Law on Police, stating that the head of Police organization in coordination with the State General Prosecutor will enact the rules of sobering. Consequently, the Constitutional Court of Mongolia made a conclusion on it.
Generally speaking, the Constitutional Court of Mongolia has considered five disputes about the violation of Human Inviolable rights stated in the Constitution by laws and by the speaker of Ikh Hural. After considering the cases, the Constitutional Court concluded that 2 of them have violated human inviolable rights; three of them have not violated these rights.
At the conclusion of research "Perspective Situation of human rights in Mongolia" conducted by the Government of Mongolia and UNDP in 2001 /side 76-889/, it was revealed that there are still many violations of human inviolable rights in Mongolia.

Example-1: According to the Capital City Prosecutor's statement, the Police Department of Bayanzurkh district arrested 380 people for the term of 72 hours by April, 2001, while the police departments of Bayangol, Khan -Uul district and Ulaanbaatar Railway Office and Criminal Police Offices arrested a total of 398 people for that period. It definitely shows that the Police Department of Bayanzurkh district misuses its place of confinement. Additionally the police officers of that district were arresting citizens by previously signed and stamped protocols.

Example 2: By the first nine months of 2000, ten of twenty seven cases considered by Sukhbaatar District Court about the insult of dignity and reputation by mass media were related to the Ikh Hural's elections and were committed in June, July.

Example 3: When the National Human Rights Commission investigated 1948 terminated cases related to 2287 people on 2000 and the first half of 2001, in 6 districts of Ulaanbaatar, in Capital City Railway’s Police Department and in the State Investigation Office, it was revealed that 497 people, who were considered as suspected and accused, were detained for 1-210 days. During the review of the terminated cases in 2000 and first half of 2001 which were in Aimak’s Police Departments /four aimaks were not involved/, it was revealed that within above mentioned period 2450 people were related to 2626 cases and 483 of them have been confined for the term of total 5878 days.

April 24, 2002