Detention in minor offence proceedings and the right to appeal: A human rights assessment under international standards

Abstract

This article examines the use of detention sanctions and the effectiveness of the right to appeal in minor offence proceedings in Mongolia from the perspective of international human rights standards. The analysis draws on statistical data, observational findings, and interview evidence from the 24th report of the National Human Rights Commission of Mongolia, complemented by data from judicial and enforcement institutions, as well as comparative insights from Germany, Japan, the United States, and Russia. The findings reveal a significant gap between the formal recognition of the right to appeal and its practical realization. Although appellate review leads to the modification or annulment of a proportion of first-instance decisions, the overall rate of appeals remains extremely low. This indicates that the right to appeal, while legally guaranteed, is not effectively accessible in practice. Key factors limiting its exercise include the widespread use of short-term detention sanctions, restricted access to legal assistance, and insufficient awareness of procedural rights. Comparative analysis demonstrates that international trends increasingly favor limiting custodial sanctions in minor offence proceedings, promoting alternative measures, and strengthening procedural safeguards to ensure effective appellate review. Against this background, the study argues that the current regulatory framework in Mongolia does not adequately secure fair trial guarantees and requires structural reform. In particular, enhancing access to legal assistance, improving procedural safeguards, and reconsidering the use of detention sanctions are essential for ensuring the effective realization of the right to appeal.