CAT/C/MEX/CO/5-6
Impunity and violence against women
13.
The Committee is concerned by reports that women continue to be the victims of
gender-based murders and disappearances, especially in the States of Chihuahua, Jalisco,
México and Nuevo León. While noting that major strides have been made in terms of the
establishment of legal and institutional means of combating this phenomenon and other
forms of violence against women, including feminicide, the Committee is concerned by
indications that the new legal framework is not being fully applied by many states. The
Committee also takes note with regret of the persistence of impunity for serious acts of
violence against women, including those committed in 2006 in San Salvador Atenco, as
recently pointed out by the Committee on the Elimination of Discrimination against
Women (CEDAW/C/MEX/CO/7-8, paras. 18 and 19) (arts. 2, 12, 13 and 16).
The Committee urges the State party to redouble its efforts to prevent and combat
violence against women, including gender-based murders and disappearances, to
punish the perpetrators of such violence and to adopt all necessary measures to give
full effect to the decisions of the Inter-American Court of Human Rights in this
connection, including its judgement of 16 November 2009 in the case of González et al.
(“Cotton Field”) v. Mexico.
Human rights defenders and journalists
14.
While taking note of the recent promulgation of the Human Rights Defenders and
Journalists Protection Act, the Committee remains seriously concerned at the large number
of murders, disappearances and acts of intimidation and harassment committed against such
persons. It is also concerned by reports of widespread impunity for these crimes and notes
that, while most of them are attributed to criminal organizations, in some cases there have
been indications that members of security forces may be implicated. In light of this
situation, the Committee regrets that the State party has not provided it with specific
information on the outcomes of investigations and criminal proceedings that are now under
way (arts. 2, 12, 13 and 16).
The Committee urges the State party to:
(a)
Take the necessary steps to guarantee the safety and physical integrity of
human rights defenders and journalists by protecting them against any acts of
intimidation or violence that they may face in the course of their activities;
(b)
Expedite the establishment of the protective mechanism provided for in
the Human Rights Defenders and Journalists Protection Act;
(c)
Take steps to carry out prompt, thorough and effective investigations
into any and all acts of intimidation or violence directed at human rights defenders
and journalists and to prosecute those responsible and punish them in a manner that
is commensurate with the gravity of their acts.
Confessions obtained under duress
15.
While taking note of constitutional guarantees relating to the inadmissibility of
evidence obtained in a manner that violates fundamental rights, the Committee regrets that
some courts continue to accept confessions that have apparently been obtained under duress
or through torture by invoking the principle of “procedural immediacy”. The Committee
considers the case of Israel Arzate Meléndez to be an emblematic illustration of the
persistence of such practices even in jurisdictions in which the new criminal justice system
is already in place. The Committee is closely following this case, which is now before the
Supreme Court of Mexico (arts. 2, 12, 13, 15 and 16).
GE.12-48654
5