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. 10 GE.13-41196 (EXT)

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