CAT/OP/MEX/1/Add.2 74. Noteworthy recent legislative reforms in the Federal District include those referred to below. 1. Criminal Code of the Federal District 75. On 29 March 2012 the Federal District Legislative Assembly adopted in plenary session various amendments to the Criminal Code with the aim of harmonizing the definition of torture in conformity with the highest standards for the protection of rights as set forth in the Istanbul Protocol, the Inter-American Convention on Human Rights and the Human Rights Programme of the Federal District. 76. With these amendments the concept of torture has been broadened to facilitate the establishment by the public prosecution service of the perpetration of this crime, which will make it possible to punish more effectively those public servants who in the discharge of or in connection with their functions intentionally inflict pain or suffering, whether physical or mental, on an individual or use methods whose purpose is to destroy the personality or impair the physical or mental capacities of the victim, even if they do not cause physical pain or mental anguish. Sexual violence is included as a method of torture and it is stipulated that statutory limitations are not applicable to the crime of torture. The amended wording reads as follows: 2. Chapter II: Torture Article 206 bis. A sentence of imprisonment from 3 to 12 years and a fine equivalent to between 200 and 500 days shall be imposed on any public servant of the Federal District who in the discharge of or in connection with his or her functions inflicts pain or suffering, whether physical or mental, including sexual violence, on an individual for the purpose of obtaining from that individual, or from a third person, information or a confession or of punishing that individual for an act which he or she has committed or is suspected of having committed or of intimidating or coercing that individual or others or for any other purpose. The use upon an individual of methods whose purpose is to destroy the personality or impair the physical or mental capacities of the victim, even if they do not cause physical pain or mental anguish, shall also be understood to be torture and shall be punished by the penalties laid down in this article. The same penalties shall be imposed on any public servant who in the discharge of or in connection with his or her functions induces or consents to the commission of torture by another or does not prevent its commission and on any person who at the instigation or with the consent of a public servant commits torture. Torture shall not be deemed to include physical pain or suffering arising only from lawful sanctions or resulting from a legitimate act of authority. Article 206 ter. With regard to the provision of redress to torture victims, the rules set out in title 3, chapter VI, of book 1 shall be observed and the payment referred to in article 48 of this Code shall be effected in a single instalment. Article 206 quater. A public servant who in the discharge of his or her functions becomes aware of an act likely to constitute torture shall be obliged to report it immediately. Failure to do so shall render the public servant liable to a term of imprisonment from 3 months to 3 years and to a fine equivalent to between 15 and 60 days. The penalty described in the preceding paragraph shall be increased by up to one half in the case of a public servant who, although able to prevent the commission of GE.13-41196 (EXT) 31

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