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)
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