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CURRENT NATIONAL SYSTEM LEGAL AID TO THE INDIGENT

CURRENT NATIONAL SYSTEM LEGAL AID TO THE INDIGENT. - 35% of the population is poor / below the poverty line set by the Government 25300 MNT equivalent to 20 USD a month/ 23 % of the population is in extreme poverty / income under $ 0.40 a day/

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CURRENT NATIONAL SYSTEM LEGAL AID TO THE INDIGENT

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  1. CURRENT NATIONAL SYSTEM LEGAL AID TO THE INDIGENT

  2. - 35% of the population is poor / below the poverty line set by the Government 25300 MNT equivalent to 20 USD a month/ • 23 % of the population is in extreme poverty / income under $ 0.40 a day/ • Someone accused of a crime, whose family income is below the minimum wage (poverty line ) is entitled to free legal aid. • In 2003 total of 3469 defendants charged for crime in UB, and 2832 or 81.6 % were indigent defendants.

  3. Legal framework Right to defense: • International Convenant on Civil and Political Rights Article 14.1 • Mongolian Constitution Article 16.14, 55 • Criminal Procedure Code Article 18, 38, 39, 40 Right to free legal aid: • International Convenant on Civil and Political Rights Article 14.3(d) • Advocacy law Article 21.1 • Law on Court Article 9.4 • Degree by Minister of Justice and Home Affairs -Regulation • Human Rights Strengthening Program Article 2.1.4.2

  4. Legal assistance • Legal consultation: * Written and verbal legal reference and consultation on legal matters; * To assist with drafting legal documents; • Advocacy service: * To involve in investigation and court trial procedures as a defense lawyer * To involve as representative lawyer in civil and adminsitarive cases

  5. Indigent suspect and defendant Investigator Judge Bag and Khoroo governors Advocates Mongolian Advocates Association, Branch offices

  6. Degree by Minister of Justice and Home Affairs in April, 2003, is set a new tariff and payment procedure. • Budget for legal aid is transferred 2 times to the Mongolian Advocates Association • New tariff Minor crime 12600 MNT Less severe crime 21600 Severe crime 28800 More severe 43200 Civil and administrative case –43200

  7. Payment procedure for legal aid to indigent State budget allocation to the Ministry of Justice and Home Affairs Ministry of Justice and Home Affairs allocates to Mongolian Advocates Association, and receives the spending report Lawyers submit the forms requesting fees to the Mongolian Advocates Association • Mongolian Advocates Association – • Pays to the fee to lawyers every quarter -ХЗДХЯ-нп тайлагнана. • -Submits the spending report the Ministry

  8. Other institutions providing legal aid • Legal clinics • Human rights NGOs • Pro bono or “voluntary” advocacy- According to the Advocacy law, article 12.3.8, every lawyer shall take 2 cases of indigent person every year.

  9. “Access to justice” project Mongolian Foundation for Open Society , Open Society Justice Initiative,Ministry of Justice and Home Affairs “Legal aid assessment study”: • Low level of legal literacy • Lack of lawyers in rural areas –Total 891 advocates, 765 \86%\ in UB • Quality of legal aid • Insufficient legal aid budget 2002 year budget9 million MNT- 739 cases 19,417,000 MNT requested 2003 year budget 11 million MNT, 2004 13 million In 2003 9029 offences were sentenced – approx 490 cases can get legal aid • Bureaucracy –Bag, khoroo’s verification procedure

  10. National Forum March, 2003 • To adopt legal aid act • To establish legal aid body • To create legal aid fund • To improve definition, criteria of indigency • To change advocacy fee based on hours and quality • To implement the legal provision for 2 indigent cases a year by every lawyer • To set up new legal clinics

  11. Working Group • Working Group was created on October 6, 2003 by the Ministry of Justice and Home Affairs • Members:MoJHA, Advocates Association, General Prosecutor’s Office, Capital Court, National Center Against Violence, “Humanity” clinic • Propose: To develop national legal aid program and action plan based on the National Forum recommendation.

  12. Pilot Public Defender Offices-Legal Aid Centers Propose:To experiment a new mechanism to provide free legal aid to the indigent client Main features:Salaried full time lawyers providing legal aid in criminal cases Pilot venue: Songinokhairkhan district, Khentii aimag

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