CAT/C/MEX/CO/5-6
The State party should adopt effective measures without delay to:
(a)
Ensure that confessions obtained through torture or ill-treatment are not
used as evidence in any proceedings whatsoever, pursuant to article 15 of the
Convention;
(b)
Ensure that an independent medical examination is performed whenever
a suspect requests the court to order such an examination and that a prompt and
impartial investigation is undertaken whenever there are reasonable grounds for
believing that an act of torture has been committed, particularly when the only
evidence against the defendant is a confession. In such cases, the burden of proof must
not be borne by the alleged victim;
(c)
Ensure that cases in which persons have been found guilty solely on the
basis of confessions are reviewed, since many of those convictions may have been
based on evidence obtained through torture or ill-treatment, and ensure that, when
appropriate, prompt and impartial investigations into such cases are carried out and
suitable corrective measures are taken;
(d)
Continue to implement training programmes on the new criminal justice
system for persons involved in the administration of justice.
Impunity for acts of torture and ill-treatment
16.
The Committee takes note with concern of information provided by the State party
which indicates that verdicts have been handed down in only 6 trials for the offence of
torture since 2005, in addition to 143 trials for the offence of abuse of authority, 60 for
misuse of public office and 305 for unauthorized exercise of public authority. The
Committee regrets that the information provided to it does not include disaggregated
statistics for the reporting period on the number of complaints filed with the relevant bodies
or specific data on the penalties imposed or on the compensation actually granted. The
Committee is also concerned by reports that document allegations of complicity between
public prosecutors and police investigators. It is also concerned by reports that public
prosecutors and, on occasion, judges themselves disregard defendants’ claims that they
have been tortured or classify the acts in question as constituting less serious offences.
Finally, the Committee regrets the lack of specificity of the information provided to it
concerning the action taken to give effect to the recommendations made by the National
Human Rights Commission (arts. 12 and 13).
The Committee urges the State party to:
(a)
Reinforce the monitoring and oversight of the State party’s security
forces and agencies by, in particular, setting up an effective, independent and
accessible system for receiving complaints and for investigating reports of torture or
ill-treatment promptly, thoroughly and impartially. Such investigations should be
carried out by an independent agency that is not subordinate to the executive branch.
Any alleged corruption in this connection should be immediately investigated and, if
grounds for it are found to exist, those responsible should be prosecuted;
(b)
Ensure that complaints are made in writing and are properly
investigated and that alleged victims are examined immediately by a forensic
physician;
(c)
Initiate investigations ex officio whenever there are reasonable grounds
for believing that an act of torture has been committed;
(d)
Ensure that, in cases of alleged torture or ill-treatment, suspects are
suspended from duty immediately and remain suspended for the duration of the
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