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/

• 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.

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, 40Right 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

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

Indigent suspect and defendant

InvestigatorJudge

Mongolian Advocates Association,Branch offices

Bag and Khoroo governors

Advocates

• 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 MNTLess severe crime 21600Severe crime 28800More severe 43200Civil and administrative case –43200

Payment procedure for legal aid to indigent

State budget allocation to the Ministry of Justice and Home Affairs

Mongolian Advocates Association –-Pays to the fee to lawyers every quarter -ХЗДХЯ-нп тайлагнана. -Submits the spending report the Ministry

Ministry of Justice and Home Affairsallocates to Mongolian Advocates Association, and receives the spending report

Lawyers submit the forms requesting fees to the Mongolian Advocates Association

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.

“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 budget 9 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

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

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.

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