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 6 GE.12-48654

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