CAT/OP/MEX/1/Add.2
46.
In the application of the practice of preventive custody there must be no
incommunicado detention, intimidation or torture; suspects must be informed of the charges
against them and the rights available to them; and full access to a lawyer must be
guaranteed in order to ensure an adequate defence, in addition to the guarantees established
in article 20 of the Constitution, which reproduces provisions contained in articles 9, 10
and 14 of the International Covenant on Civil and Political Rights.
47.
Preventive custody generally takes place at the federal investigation centre.
Exceptionally, the federal prosecutor will seek authorization to have it carried out at other
premises in the light of special circumstances. Authorization is granted only if such
premises meet sufficient security and logistical conditions necessary for the due
implementation of this precautionary measure.
48.
Pursuant to the mandate set out in the National Human Rights Programme
2008–2012, in particular with regard to the action area on promoting the use of preventive
custody in accordance with the strictest legal standards, the Mexican Government has put in
place a mechanism to ensure continuous monitoring of the application of this practice and,
where appropriate, its adjustment in order to rectify any shortcomings which might arise.
Suspects may during preventive custody approach the judicial authority at any time to
question the legality of the conditions to which they are subjected and the duration of their
custody.
49.
The constitutional reforms also included the creation of supervisory courts as an
independent and specialized federal judicial authority responsible for dealing promptly with
preventive custody applications. The functions of supervisory courts (also referred to as
district courts with special jurisdiction for matters relating to preventive custody, searches
and telephone interception) include ensuring that the rights of suspects and victims in legal
proceedings are not infringed and checking the lawfulness of the conduct of all parties
involved in the proceedings.
50.
Mexican law on preventive custody can thus be regarded as having evolved over the
past 10 years. Judicial control has been strengthened, procedural remedies for accused
persons have been established and access to timely and expert legal defence is guaranteed.
In this regard, the Office of the Assistant Attorney-General for Human Rights,
Victim Support and Community Services has set up at the federal level a human rights
protection unit within the federal investigation centre. This unit entered into operation
on 23 January 2012.
51.
According to the statistics communicated by the Office of the Assistant AttorneyGeneral for Organized Crime Investigations, the following persons were placed in
preventive custody in connection with inquiries conducted by investigative units in the
period from December 2006 to December 2011:
Persons held in preventive custody at the federal level
Persons held
December 2006
2007
2008
2009
2010
2011
42
703
1 111
1 517
1 679
1 391
Cases which gave rise to criminal proceedings
Persons held and
remanded
24
December 2006
2007
2008
2009
2010
2011
13
440
923
1 307
1 467
1 251
GE.13-41196 (EXT)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents