CAT/C/MEX/CO/5-6
(d)
Ratify the Convention on the Reduction of Statelessness and consider the
possibility of withdrawing its reservations to articles 17, 26, 31, paragraph 2, and 32 of
the Convention relating to the Status of Refugees and to articles 17, 31 and 32 of the
Convention relating to the Status of Stateless Persons.
Psychiatric institutions
22.
The Committee is concerned by reports of the ill-treatment that is meted out to
persons housed in psychiatric institutions, and it regrets that it does not have information on
the outcome of the corresponding investigations. It is also concerned by reports that
describe the conditions in these centres in terms of both maintenance and hygiene as being
unsatisfactory. Finally, the Committee has received no information on any protocols
governing the use of methods of restraint in psychiatric institutions (arts. 2, 11 and 16).
The State party should:
(a)
Ensure that any and all reports of ill-treatment of persons with
disabilities who are housed in psychiatric institutions are investigated promptly and
impartially and that the alleged perpetrators are brought to trial;
(b)
Increase the resources made available for improvements in the relevant
facilities in order to meet the patients’ basic needs with regard to medical care and
good hygiene;
(c)
Ensure that independent oversight bodies conduct visits to these centres
on a regular basis;
(d)
Maximize its controls on the use of methods of restraint based on preestablished procedural protocols;
(e)
Promote the introduction of alternative and, in particular, communitybased forms of treatment.
Universal jurisdiction
23.
While taking note of article 6 of the Federal Criminal Code, the Committee observes
that there is no provision in any of the State party’s laws that expressly establishes its
universal jurisdiction over acts of torture (arts. 5, 6, 7 and 8).
The State party should introduce provisions into its criminal legislation that establish
its jurisdiction over acts of torture in accordance with article 5 of the Convention,
including provisions under which the State party may prosecute, in accordance with
article 7, foreign nationals who have committed acts of torture outside the State
party’s territory but who are present in its territory and have not been extradited.
Reparation
24.
The Committee welcomes the introduction of a provision into the Constitution that
expressly recognizes the State’s duty to redress human rights violations, but regrets that a
general law on the subject is not yet in place. It is concerned by the fact that reparation is
rarely made to victims of torture or ill-treatment and, in this connection, is disturbed by
reports that — the recommendations made by the National Human Rights Commission to
the various authorities notwithstanding — the authorities proceed to pay compensation
directly to victims, thereby precluding the exercise by those victims of their right to seek
redress in court (art. 14).
The State party should step up its efforts to make reparation to victims of torture and
ill-treatment by, inter alia, providing fair and adequate compensation and affording
the means for as full a rehabilitation as possible. It therefore urges the State party to
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