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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