CAT/C/MEX/CO/5-6 closely monitored and that consideration is given to the establishment of a central register for all persons held in official custody; (e) Adopt the necessary measures to ensure that all persons deprived of their liberty have genuine access to an immediate remedy for challenging the legality of their detention. Arraigo penal (pre-charge detention) 11. The Committee notes with concern that, the recommendations that it made in its previous concluding observations notwithstanding, the State party accorded constitutional status to the procedure of arraigo in 2008. Provision for this procedure is also made in the laws of some states, such as the State of Jalisco. The Committee is concerned by documented reports of torture and ill-treatment of persons deprived of their liberty under arraigo orders, in some cases in military facilities. Despite the delegation’s assurances that fundamental safeguards are complied with in these cases, the Committee notes with concern that recommendation No. 2/2011 of the Human Rights Commission of the Federal District indicates otherwise, inasmuch as, in that recommendation, the Commission decries the undue restriction of fundamental rights, failures to monitor persons being held in arraigo detention, the lack of effective oversight of the Prosecution Service and the absence of criteria for ensuring that the principle of proportionality is respected when determining the duration of arraigo detention. The Committee observes that the remedy of amparo is ineffective in cases of arraigo detention. It also observes that arraigo detention has been conducive to the admission into evidence of confessions presumably obtained under torture (arts. 2 and 11). In the light of article 2, paragraph 2, of the Convention, the Committee reiterates its recommendation that the State party eliminate the procedure of arraigo (pre-charge detention) from its legislation and its practices at both the federal and the state levels. Enforced disappearance 12. The Committee is concerned by the increasing number of enforced disappearances that are apparently being committed by public authorities or by criminal or private groups acting with the direct or indirect support of Government officials in such states as Coahuila, Guerrero, Chihuahua, Nuevo León and Tamaulipas, as reported by the Working Group on Enforced or Involuntary Disappearances (A/HRC/19/58/Add.2, paras. 16 to 31), (art. 2). The Committee urges the State party to continue to act upon the recommendations made by the Working Group and, in particular, to: (a) Adopt a general law on enforced disappearance; (b) Ensure that the states and the Federal District establish legal definitions of the offence of enforced disappearance and set penalties for that offence which are in line with the corresponding international standards; (c) Ensure that enforced disappearances are investigated promptly, thoroughly and effectively, that suspected perpetrators are tried and that the penalties imposed upon the guilty parties are commensurate with the gravity of the offence; (d) Ensure that all victims who have suffered harm as the result of an enforced disappearance have access to information on the fate of the disappeared person and to reparation, which includes the right to just and appropriate compensation; (e) Adopt the necessary measures to resolve the cases pending before the Working Group on Enforced or Involuntary Disappearances. 4 GE.12-48654

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