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
remarks:3 |