information on the work of the National Commission on Human Rights regarding, in particular, the Commission’s classification of complaints; the number of the complaints that it received which were related to torture; and the follow-up to the Commission’s recommendations regarding those complaints. They were also interested to know more about the Commission’s conciliation process, which had led to settlements out of court, and requested clarification as to whether that process might lead to impunity for those responsible for torture-related offences. In addition, reference was made to the statement of the National Commission on Human Rights, contained in the State party’s report, according to which in many cases involving torture there was no evidence or indication of the alleged torture and that many forms of torture left no visible marks that might merit a medical certificate. In this regard, it was indicated that although it took time to detect traces and effects of torture, it was possible for physicians who had received specialized training on the subject of the treatment of torture victims to uncover reliable proof or indications of torture. In addition, further information was sought on any reports received on the programmes of the Office of the Attorney General, and the State party’s intention of making a declaration under articles 21 and 22 of the Convention. 215. With reference to article 1 of the Convention, it was asked why the new Act to Prevent and Punish Torture did not use the exact wording of article 1 of the Convention in defining torture. 216. In relation to article 4 of the Convention, members of the Committee requested further information on the penalties imposed on those found guilty of acts of torture, particularly with regard to the 266 officials referred to in the report. In addition, reference was made to the report of the National Commission on Human Rights, which indicated that, contrary to legislation and to article 4, paragraph 2, of the Convention, there had been a number of cases in which persons responsible for violations had not been punished. It was observed that such a statement reinforced the impression that those responsible for torture were enjoying impunity. 217. Concerning the application of article 10 of the Convention, members of the Committee wished to receive further information, on the training of medical personnel. In this connection, the importance of informing doctors about methods of torture, means of diagnosis and the possibilities of rehabilitating torture victims was emphasized. It was also indicated that doctors specialized in that field could assist the National Commission of Human Rights in its work and in combating the impunity of human rights violators. In addition, clarification was requested as to whether the contents of training manuals for the police were in harmony with the new measures adopted by the State party to prevent and combat torture. 218. In respect of article 11 of the Convention, further information was sought as to a detainee’s right to a medical examination. 219. With reference to articles 12 and 13 of the Convention, members of the Committee sought further information on the procedures of the National Commission on Human Rights for investigating into complaints of torture and how such procedures worked in practice. In this connection, concern was expressed, inter alia, at the difficulties involved in investigating complaints where victims could not identify the persons responsible for violating their human rights. 220. In connection with article 15 of the Convention, the attention of the Government of Mexico was drawn to information indicating that there were repeated instances in Mexican courts in which statements made to the police were admitted as evidence and giving greater credence than subsequent statements in -38-

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents