information on the work of the National Commission on Human Rights regarding, in
particular, the Commission’s classification of complaints; the number of the
complaints that it received which were related to torture; and the follow-up to
the Commission’s recommendations regarding those complaints. They were also
interested to know more about the Commission’s conciliation process, which had
led to settlements out of court, and requested clarification as to whether that
process might lead to impunity for those responsible for torture-related
offences. In addition, reference was made to the statement of the National
Commission on Human Rights, contained in the State party’s report, according to
which in many cases involving torture there was no evidence or indication of the
alleged torture and that many forms of torture left no visible marks that might
merit a medical certificate. In this regard, it was indicated that although it
took time to detect traces and effects of torture, it was possible for
physicians who had received specialized training on the subject of the treatment
of torture victims to uncover reliable proof or indications of torture. In
addition, further information was sought on any reports received on the
programmes of the Office of the Attorney General, and the State party’s
intention of making a declaration under articles 21 and 22 of the Convention.
215. With reference to article 1 of the Convention, it was asked why the new Act
to Prevent and Punish Torture did not use the exact wording of article 1 of the
Convention in defining torture.
216. In relation to article 4 of the Convention, members of the Committee
requested further information on the penalties imposed on those found guilty of
acts of torture, particularly with regard to the 266 officials referred to in
the report. In addition, reference was made to the report of the National
Commission on Human Rights, which indicated that, contrary to legislation and to
article 4, paragraph 2, of the Convention, there had been a number of cases in
which persons responsible for violations had not been punished. It was observed
that such a statement reinforced the impression that those responsible for
torture were enjoying impunity.
217. Concerning the application of article 10 of the Convention, members of the
Committee wished to receive further information, on the training of medical
personnel. In this connection, the importance of informing doctors about
methods of torture, means of diagnosis and the possibilities of rehabilitating
torture victims was emphasized. It was also indicated that doctors specialized
in that field could assist the National Commission of Human Rights in its work
and in combating the impunity of human rights violators. In addition,
clarification was requested as to whether the contents of training manuals for
the police were in harmony with the new measures adopted by the State party to
prevent and combat torture.
218. In respect of article 11 of the Convention, further information was sought
as to a detainee’s right to a medical examination.
219. With reference to articles 12 and 13 of the Convention, members of the
Committee sought further information on the procedures of the National
Commission on Human Rights for investigating into complaints of torture and how
such procedures worked in practice. In this connection, concern was expressed,
inter alia, at the difficulties involved in investigating complaints where
victims could not identify the persons responsible for violating their human
rights.
220. In connection with article 15 of the Convention, the attention of the
Government of Mexico was drawn to information indicating that there were
repeated instances in Mexican courts in which statements made to the police were
admitted as evidence and giving greater credence than subsequent statements in
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