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.
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