CAT/OP/MEX/1/Add.2
• The establishment of limitations on pretrial detention, which may be ordered only if
other preventive measures are insufficient to guarantee the accused’s appearance in
court, the conduct of the investigation or the protection of the victim, witnesses and
the public or to safeguard legal rights or if there is a well-founded risk that the
person charged may evade justice or if the accused is being prosecuted for or has
previously been convicted of a wilful offence. The judge shall order pretrial
detention ex officio in cases of organized crime, intentional homicide or kidnapping,
among other serious offences;
• The restriction of preventive custody (arraigo) to organized crime offences where
such measure is ordered by a judicial authority subject to statutorily established time
limits, which may not be extended indefinitely, and only if demonstrated to be
necessary for the success of the investigation, the safeguarding of legal rights or the
protection of persons or if there is a well-founded risk that the suspect may evade
justice;
• The creation of supervisory courts, whose role is to rule directly and as quickly as
possible on applications made by the public prosecution service for the adoption of
precautionary or preventive measures or investigative procedures, in all cases
respecting the rights of the parties. Supervisory courts will also check to ensure that
the conduct of the prosecuting authority conforms to the law. There must in all cases
be an authoritative record of every communication existing between the courts and
the prosecution service;
• The definition of flagrante delicto and the establishment of the requirement that the
authority make an immediate record of arrests. Through the security and justice
reforms it will no longer be possible in secondary legislation to retain the concept of
equipollent flagrancy, which has been criticized on account of its abuse;
• The requirement that search warrants be requested from the judicial authority by the
public prosecution service;
• The regulation of private conversations, with the stipulation that recordings between
individuals shall constitute valid evidence;
• The incorporation of alternative dispute resolution mechanisms, including in
criminal matters;
• The provision of redress in criminal matters;
• The transformation of the social rehabilitation system, whereby the prison system
will be organized on the basis of employment, employment training, education,
health and sport. With the reform of the system of penalty enforcement the role of
sentence enforcement judge will be instituted for the purpose of ensuring the
observance of due process and the human rights of convicted offenders;
• The establishment of the principle of proportionality of the punishment to the crime
and to the legal right affected.
34.
Under the terms of the reform the country’s state authorities have a eight-year time
limit for its implementation.
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GE.13-41196 (EXT)