F.The Subcommittee’s recommendations under specific objective 6 of the action plan (reform of
the justice system) are as follows
Examine the public defence system and eliminate the constraints hindering the work of public
defenders (para. 79)
Compliance measures
425.In this regard, the Attorney for the Defence of indigenous peoples and Vulnerable Groups in the state of Oaxaca (formerly the
Attorney for the Defence of Indigenous Peoples), has proposed reforms to the state’s Organic Act to strengthen the system of public
defence.
426.In the state of Baja California, the Justice Liaison Office of the Ministry of the Interior reports that significant steps have been
taken to bring the regulatory framework into line, with a view to successfully implementing the New Criminal Justice System in Baja
California.
427.For instance, as regards strengthening the Office of the State Public Defender, it took part in the drafting of the new Act on the
Public Defender of Baja California and its implementing regulations, which were published in the official state gazette on 22 May
2009 and 28 May 2010 respectively, laying important foundations for the institution to attain the highest standards of quality and
excellence, commensurate with the services it provides, with legal assistance in line with the new requirements to respect the individual
guarantees of persons subject to criminal proceedings and those in civil or administrative proceedings who lack the financial resources
to hire a private attorney.
428.As for earmarking budget resources for strengthening the State Public Defender’s Office, in 2010 a specific budget was assigned
for the development of its duties, which provided support for the efficient delivery of the service and the infrastructure needs of the
implementation of the New Criminal Justice System. In recent years significant efforts were made in this area, enabling new facilities
to be provided for the Public Defender in the municipality of Mexicali, at the Criminal Justice Centre, and strengthening the
substantive areas with the training programmes referred to above and that have a direct bearing on the dignity of the defence functions
and quality of the service provided to citizens.
Provide the national preventive mechanism with the necessary legal framework and human and
material resources and ensure that it has the autonomy, independence and institutional status
needed in order to fulfil its role as envisaged in the Optional Protocol (para. 30)
Compliance measures
429.To carry out the undertaking to establish a National Preventive Mechanism in Mexico, the Ministry of Foreign Affairs conducted
a consultation process with senior officials and technical units at the Ministry of the Interior, the Ministry of Defence, The Ministry of
the Navy, the Ministry of Public Security, the Ministry of Health, the Office of the Attorney-General of the Republic, the National
Institute of Migration, the Legal Service of the Presidency and the National Human Rights Commission (CNDH). Other countries
were consulted, through the worldwide network of Embassies of Mexico, on their experience of implementing the Protocol.
430.As a result of these consultations, at the invitation of the Government of Mexico, the National Human Rights Commission agreed
to perform the functions of the National Preventive Mechanism. To that end, the Ministry of the Interior, Ministry of Foreign Affairs,
Ministry of Defence, Ministry of the Navy, Ministry of Public Security, Ministry of Health and the Office of the Attorney-General of
the Republic signed a cooperation agreement with the National Human Rights Commission setting out the methodology of the system
of visits to places of detention, in accordance with the provisions of the Protocol.
431.Note that the agreement also provides for the possibility of extending the National Preventive Mechanism nationwide through
cooperation with state Human Rights Commissions. It is considered that civil society may also play an important role in strengthening
the capacities of the autonomous bodies of the states in Mexico for the operation of the National Preventive Mechanism.
432.The National Preventive Mechanism has drafted its own methodology and procedural guidelines for monitoring visits to the
various places of detention, which include detention centres for adults, Public Prosecution agencies, psychiatric hospitals and
children’s homes.
433.During such visits the national mechanism can verify that the following rights are respected in those facilities: to be treated
humanely and with dignity, with legality and to health protection.
Draft legislation to consolidate and reinforce the original decree creating the national preventive
mechanism (para. 30)
Compliance measures
434.In order to guarantee the autonomy of the National Preventive Mechanism, on 15 July 2007 the Advisory Council of the
National Human Rights Commission approved the amendment of article 61 of the Commission’s rules of procedure, which stipulates
that the third Inspectorate-General is responsible for coordinating the powers granted to the National Preventive Mechanism by the
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
435.To meet its international commitment, the Third Inspectorate-General of the National Human Rights Commission made the
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