CAT/OP/MEX/1/Add.2
(f)
Chapter 6: Conduct of the Office of the Assistant Attorney-General for
Judicial Proceedings in torture cases; and
(g)
Chapter 7: Proposals not to prosecute or to defer prosecution in torture cases.
246. Under the aforementioned decision the Special Prosecution Division for Crimes of
Torture was established at the Department for Investigation of Crimes Committed by Public
Servants.
247. A special unit is being set up within the Auxiliary Prosecution Division to follow up
and review proposals not to prosecute or to defer prosecution in torture cases and within the
Office of the Assistant Attorney-General for Judicial Proceedings to deal with the
prosecution of criminal cases relating to torture offences.
248.
As regards the basic steps to be taken, the decision provides as follows:
(a)
Commence the related preliminary investigation without delay;
(b)
Request the Centre for Social and Legal Support to Victims of Violent Crime
to provide immediate aid required by the victim pursuant to the Federal District Act on
Assistance and Care for Crime Victims;
(c)
Call upon the assigned forensic doctor to certify the victim’s physical
integrity in conformity with the protocol on medico-legal appraisal of physical integrity or
probable clinical age, issued by the Federal District governor;
(d)
If the victim shows any physical impairment, the Department of Expert
Services is required to engage a photography expert to record the impairment;
(e)
Take the victim’s statement, the purpose of which is to elicit full particulars
of how the acts occurred, including precise details of the circumstances (time, manner,
place and occasion) of the offence, information to identify the perpetrator or perpetrators
and a description of the participation of each of them. An amplified statement is to be taken
at the victim’s request or if the need therefor, which has to be fully demonstrated by the
prosecution service, arises from the investigation;
(f)
Promptly request the Directorate for Victims of Crime to engage a specialist
physician and psychologist and the Department of Expert Services to engage a photography
expert with a view to the timely preparation of the medical/psychological evaluation report
for cases of possible torture, in accordance with the applicable regulations;
(g)
In the event of the victim’s physical or psychological impairment, request the
specialist physician and psychologist referred to in the preceding subparagraph to assess the
impairment for the purpose of seeking redress;
(h)
Request the involvement of a forensic expert to obtain from the victim a
description of the physical characteristics of the perpetrator or perpetrators;
(i)
Take steps to identify the perpetrator or perpetrators by means of an album of
photographs of public servants linked to the offence;
(j)
Request the intervention of the investigative police for the purposes of
investigating the facts and locating and subpoenaing the suspects;
(k)
If the victim or witnesses recognized one or more perpetrators, an identity
parade is to be organized with the use of a Gesell room with one-way mirrors;
(l)
Take statements from any eyewitnesses, who should also be required to
provide full particulars to enable the circumstances (time, manner, place and occasion) of
the reported offence to be determined and the identity of the suspect or suspects to be
established;
GE.13-41196 (EXT)
73
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