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CHAPTER THREE : COMPLAINTS LODGING TO THE COMMISSION

Article 9. Right to Lodge Complaints

 

9.1. Citizens of Mongolia, either individually or in a group, shall have the right to lodge complaints to the Commission in accordance with this Law, in case of violations of human rights and freedoms, guaranteed in the Constitution of Mongolia, laws and international treaties of Mongolia, by business entities, organisations, officials or individual persons.

9.2. Unless otherwise provided in laws and international treaties of Mongolia, foreign citizens and/or stateless persons who are residing in the territory of Mongolia, shall exercise the same right to lodge complaints to the Commission on equal footing as the citizens of Mongolia.

9.3. Complaints may be lodged in by the representation of lawful representatives-parents, care-takers and/or guardians for the persons, who do not have full civil law capacity or have some limited or partial capacity, as well as by representatives provided under the law for the persons, who are considered missing or declared as deceased.

9.4. Non-governmental organisations and trade union organisations shall exercise equally the right provided in Art. 9.1 and lodge complaints through their representatives.

9.5. Representatives provided in Art. 9.3 and Art. 9.4 shall have a document of proof for their own representation powers.

Article 10. Form of Lodging Complaints

10.1. Complaints shall be lodged in writing in Mongolian language or verbally in person. Persons, who do not know Mongolian language, may lodge complaints in their mother tongue and their complaints must be translated into Mongolian language and duly certified in accordance with procedure provided for it.

Article 11. Requirements for Complaints

11.1. Complaints shall reflect the following items:

11.1.1. A Complainant must have had his/her complaint decided through an administrative process;

11.1.2. A Complainant must indicate, which rights and freedoms guaranteed in the Consitution of Mongolia, laws and international treaties of Mongolia, have been violated;

11.1.3. The Complainant must write his/her own name, residential or postal address, and has signed it;

11.1.4. The Complainant must attach the name, address, phone-number and other related documents of the business entity, organisation, official or individual person who is implicated in the complaint.

11.2. Commissioners shall not receive complaints about criminal and civil cases and/or disputes, which are at the stage of registration/inquiry of cases, investigation and/or on trial or have been already decided.

Article 12. Period for Receiving and Replying to Complaints

12.1. A Complainant shall lodge a complaint within 1 (one) year from the date on which his/her rights and freedoms were violated or from the date on which he/she came to know about such violation

12.2. The Commission shall not accept any complaint without a name or address on it.

12.3. The Commission shall give a reply within 30 (thirty) days from the date of receipt of a complaint, and if there is need for additional research and inquiry required, the Chief Commissioner may extend it up to 60 (sixty) days.

Posted on 2002-04-21



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