CAT/OP/MEX/1/Add.2 possession, that relevant procedural formalities are carried out and that the victim can take part in the proceedings and lodge an appeal under the terms of the law. Should the public prosecution service deem such formalities unnecessary, it must justify and substantiate its refusal; III. Receipt of emergency medical and psychological care from the time of commission of the offence; IV. Granting of redress. In cases where appropriate, the public prosecution service is required to seek redress, without prejudice to the victim’s entitlement to apply for redress directly, and the court may not release the offender from the obligation to provide redress if convicted. The law will establish expeditious procedures for the execution of judgements in regard to the granting of redress; V. Non-disclosure of the victim’s identity and other personal particulars in cases involving minors, rape, human trafficking, kidnapping or organized crime or cases where deemed necessary by the court for the victim’s protection, with the rights of the defence being in all cases safeguarded. The public prosecution service is required to guarantee the protection of victims, witnesses and in general all trial participants. Judges must ensure that this obligation is duly complied with; VI. Lodging of applications for the adoption of preventive or precautionary measures necessary to protect and restore victims’ rights; and VII. Filing of challenges with the judicial authority concerning omissions on the part of the public prosecution service in the investigation of crimes and against decisions not to prosecute, to defer prosecution, to discontinue criminal actions or to suspend proceedings if redress is not afforded.” 98. These principles, which have been incorporated in the State Code of Criminal Procedure, must be observed by all entities to which they apply, including the public prosecution service as the body responsible for investigating acts which may constitute offences and in its capacity as a party in the criminal proceedings. 99. On 14 February 2008, Decision No. 21/2007 of the Mexico State Attorney-General was published in the state government gazette, establishing institutional guidelines to be followed by public prosecutors and clerical officers of the prosecution service, forensic medical experts, psychologists and other personnel of the State Attorney-General’s Office on the use of the current medical/psychological evaluation report form for cases of possible torture or ill-treatment, whose purpose is to provide instructions for public prosecutors, forensic medical experts, psychologists and other personnel of the State Attorney-General’s Office on the application of the Istanbul Protocol in regard to persons alleging such abuse and to set out the institutional guidelines governing its implementation. 100. Article 20, section B II, of the Mexican Constitution and article 153, section II, of the aforementioned procedural code stipulate that a confession made without the presence of defence counsel has no probative value. 101. With regard to legislative measures pursued by Mexico state to establish the operation of the juvenile justice system, a decree published in the Official Gazette of the Federation on 12 December 2005 amended paragraph 4, added paragraphs 5 and 6 and reordered the last two paragraphs of article 18 of the Mexican Constitution for the purpose of instituting a comprehensive justice system which would be applicable to persons aged over 12 and under 18 years charged with committing acts established as offences under the criminal law and would guarantee the fundamental rights recognized by the Federal Constitution for all individuals as well as specific rights afforded to juveniles as developing persons. 36 GE.13-41196 (EXT)

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