CAT/OP/MEX/1/Add.2 Ruling Barred No jurisdiction Number of cases 1 118 No recommendations have been formulated, issued and addressed by the National Human Rights Commission to the Office of the Attorney-General of the Republic concerning preventive custody. 4. Federal Act on the Prevention, Punishment and Eradication of Torture 54. On 11 April 2012 the Senate approved amendments to the Federal Act on the Prevention, Punishment and Eradication of Torture in order to prohibit cruel, inhuman or degrading treatment of persons arrested, detained or imprisoned. The Senate’s ruling, which was unanimous, has been referred to the Chamber of Deputies for its consideration. 55. This Act authorizes the National Human Rights Commission to carry out visits and supervision with a view to reporting and preventing acts of torture in the country’s prison and social rehabilitation system and in the justice administration bodies of the federal executive. 56. As indicated in the ruling, the aim is to penalize public servants who inflict severe physical or mental pain or suffering on individuals for criminal investigation purposes, as a means of intimidation, as a personal punishment or as a preventive measure or for any other ends, bearing in mind that torture is defined as the use of methods upon an individual for the purpose of destroying the personality or diminishing the physical or mental capacities of the victim, even if they do not cause physical pain or mental anguish. 57. With regard to penalties, the ruling establishes a sentence of imprisonment from 7 to 16 years and a fine equivalent to between 500 and 1,000 days as well as permanent disqualification from holding any public commission, office or post. Such penalties will be imposed on public servants who induce or use a third person to inflict severe pain or suffering, whether physical or mental, on an individual. 58. The same penalties will be imposed on any third person who at the instigation or inducement of or with the consent, whether express or implied, of a public servant inflicts severe pain or suffering, whether physical or mental, on a detainee for any purpose. 5. Federal Act on the Prison System and the Enforcement of Penalties 59. On 16 April 2012 the Chamber of Deputies adopted in plenary session the Federal Act on the Prison System and the Enforcement of Penalties, whose purpose is to lay down the legal framework of the federal prison system, the administration of pretrial detention and punitive incarceration and also measures of special supervision. This statutory instrument establishes the role of sentence enforcement judge and entrusts the executive with the administration of prisons. 60. The Act accordingly provides for the incorporation of an article 50 quater in the Federal Judiciary Organization Act stipulating that federal enforcement judges will deal with matters relating to the modification and length of sentences and the conduct of procedures for the granting of redress. 61. It also establishes new prison security and custody levels, in particular maximum and super-maximum levels 5 and 6 for the incarceration of kidnappers and members of organized criminal groups. 26 GE.13-41196 (EXT)