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Developing Mongolia's Legal Framework: A Needs Analysis : The Judicial System
Working Conditions of the JudiciaryResearch and Support FacilitiesMongolia's judiciary is assisted in its work by approximately 740 staff, including administrative officials, researchers and cleaners. Of these, 53 are employed at the Supreme Court. The Supreme Court has four researchers to assist in the preparation of decisions and opinions, but its library facilities are limited to a small collection of outdated Russian books and treatises and a few recent publications in English. The latter are unhelpful as most judges do not read English. The library consists of one small room primarily devoted to the storage of archive material and old files, with no reading area or tables and no librarian. An assessment of the Supreme Court's library needs was conducted in November 1994 by the United Nations Centre for Human Rights as the prelude to a donation of $60,000. The report includes proposals for the short-term establishment of an adequate library for the Supreme Court, the training of a librarian and associate-librarian and the acquisition of a printing machine to enable the Supreme Court to provide all courts with models for writing decisions27 and the texts of laws and judgments. In addition, it calls for the setting up of a computer network which would link the library with its users, and the provision of Mongolian, Russian and German books and periodicals and the official publications of the European Union. Lower courts have limited research facilities and have relied on the government newspaper for obtaining copies of legislation, although most judges received the Ministry of Justice's compilation of 49 laws. They also receive an informal monthly bulletin of recent decisions and interpretations of laws from the Supreme Court, and the legal newspaper Tamga. Judges in the aimags frequently telephone the Supreme Court for guidance and information. EquipmentThe Supreme Court is relatively well-equipped, having nine computers, printers, a photocopier and a fax machine, and researchers and secretaries have attended computer courses. Lower courts, particularly in the aimags, are poorly equipped, sometimes not even having typewriters or long-distance telephone calling facilities. Much of the writing in courts is done by hand. Lower courts need typing facilities and photocopiers, and the acquisition of fax machines would facilitate their contact and correspondence with other courts. Court BuildingsOnly the premises of the Capital City Court have been allocated for the exclusive use of the judiciary. Other court buildings are leased from the aimag administrations or the General Prosecutoržs Office. The judiciary hopes ultimately to acquire ownership of all court houses. The Supreme Court has only one courtroom at its disposal. Other courts do not have a court room at all and judges conduct hearings in their offices. On the whole, court rooms are poorly but adequately furnished. The General Council of Courts would like to provide all court houses with a national flag and emblem in 1995. There are plans for a new Supreme Court building which would reflect the judiciaryžs new status. The Tsets is now in the same building as the Ikh Khural, which makes it difficult for petitioners to gain entry, and the question of whether it could be relocated in the new Supreme Court building or elsewhere should be considered. Many of the lower courts buildings are in bad condition, even in desperate need of repair.28 The costs of major repairs are often shared between the landlord and the tenant while small repairs are usually paid for by the tenant. In general, neither the judiciary nor its landlords have had the funds to effect the necessary repairs. Outside Ulaanbaatar, the distances some parties have to travel to come to court are forbidding and often they have no means of transport other than horse or camel. As a result, the practice developed of the judge, along with a court secretary and bailiff, travelling to the parties and conducting hearings at their homes. This has become more problematic over recent years because of an increasing lack of available cars and jeeps. Judges' RobesJudges do not wear robes or other distinctive clothing in the court room, and nor do the prosecutors, advocates or citizens' representatives, making it difficult for the parties and the public to distinguish between them. The use of some distinctive clothing such as a robe may not only eliminate confusion but also enhance the status of the judges. The judiciary hopes to have all judges provided with a robe by April 1996 in time for the 70th anniversary of the establishment of courts in Mongolia. Judicial SalariesJudicial salaries are comparable to those of civil servants, but low compared with lawyers in private practice, ranging from Tug 15,200 ($33) to Tug 23,500 ($51) per month. Bailiffs receive a monthly slary of approximately Tug 13,000 ($28). Salaries for judges will improve when supplements linked to a recently introduced ranking system are paid. Under this system, which came into force in September 1995, judges will be ranked according to seniority and experience, and will receive a supplement ranging from 10 percent of their salary for the lowest ranking judges to 30 percent for the Chief Justice. Relatively low salaries and mediocre working conditions are an impediment to attracting highly qualified candidates to the profession. In addition, the living conditions of judges are often difficult. In the countryside, one out of three judges does not have an apartment. Consequently, some judges live in their office, which is clearly not desirable and does not enhance the status of the judiciary. The General Council of Courts advocates the allocation of apartments to newly appointed judges, as well as an increase in their salaries. Judicial BudgetThe budget for the judiciary has increased substantially over the last few years. In 1993 it was Tug 114 million ($248,000), in 1994 Tug 236 million ($513,000) and in 1995 the judiciary will receive Tug 456 million ($991,300). The Supreme Court is responsible for allocating the funds, which are spent on salaries, the operational costs of court houses and the purchase of cars and equipment. Some local courts also receive financial support from the aimag budget. The amount varies from aimag to aimag depending on financial - resources and the needs of the local judiciary. Their income is sometimes supplemented by commercial activities such as cattle breeding and farming. Some courts in the aimags have nevertheless had difficulti es paying their heating, electricity and petrol bills and these courts will receive additional support from the judiciary's budget. The Tsets has a separate budget, most of which is spent on salaries, and in 1995 will receive Tug 9 million ($20,000). ____________________ 27 At present there are twelve standard forms available. 28 The Sukhbaatar District Court building was in such a state of imminent collapse that in 1994 the judges went on strike until they were temporarily rehoused in the Supreme Court building.
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