necessary adjustments to adapt its work programme and reinforce its structure.
Take appropriate legislative, administrative and any other needed measures in order to bring
primary and secondary legislation into compliance with international treaties on torture,
particularly the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment and the Inter-American Convention to Prevent and Punish Torture (para. 40)
Compliance measures
436.The Constitution of Mexico expressly prohibits torture and ill-treatment in article 19, paragraph 4, which states: "Any illtreatment during arrest or confinement; any discomfort without legal justification; any exaction or contribution levied in
prison are abuses which shall be punishable by law and suppressed by the authorities."
437.Furthermore, article 20 states that "In any criminal proceedings, the accused, the victim or injured party shall enjoy the
following guarantees: ... II. He may not be compelled to testify. Incommunicado detention , intimidation and torture are
prohibited and punishable by criminal law. A confession made before any authority other than the Prosecution Service or
the judge, or made before them but without the presence of counsel , may not be admitted as evidence."
438.On 27 December 1991, the Federal Act to Prevent and Punish Torture was published in the Official Gazette of the Federation
(DOF). Article 3 of the Act specifies that "A public servant commits the offence of torture if, in exercise of their official functions, they
inflict severe pain or suffering, whether physical or mental, on an individual in order to obtain information or a confession from the
tortured individual or a third party, or to inflict punishment for an act which that individual has or is suspected of having committed, or
to coerce them into engaging or not engaging in a specific act."
439.Notwithstnding that Act, in Mexico the crime of torture is regulated in all federal entities, either by special laws or Criminal
Codes. The following states have specific legislation on torture:
Aguascalientes (14 May 1995);
Campeche (28 October 1993);
Coahuila (27 July 1993);
Colima (13 May 1995);
Chiapas (9 February 1994);
State of Mexico (25 February 1994);
Jalisco (21 December 1993);
Michoacán (10 March 1994);
Morelos (22 December 1993);
Nayarit (27 August 2005);
Oaxaca (20 November 1993);
Quintana Roo (13 November 1992);
Tlaxcala (11 December 2003);
Veracruz (17 April 1999);
Yucatán (26 November 2003).
Expedite the reform process in order to prevent situations in which torture or ill-treatment might
occur and keep the Subcommittee apprised of progress (paras 42, 46 and 58)
Compliance measures
440.On 18 June 2008 the Decree amending and supplementing various provisions of the Constitution of the United Mexican States
was published in the Official Gazette of the Federation, amending articles 16, 17, 18, 19, 20, 21, 22, sections XXI and XXIII of
article 73, section VII of article 115 and section XIII, paragraph B of article 123 of the Constitution of the United Mexican States.
According to the Decree’s explanatory introduction, the main objective of this reform was to transform the system of security and
criminal justice, at both federal and state levels, from a mixed to an adversarial one, thus giving full effect to the individual guarantees
and human rights enshrined in the Constitution and international treaties.
441.The process of penal reform in Mexico should be analysed on both federal and state levels. Notwithstanding the constitutional
amendments published in the Official Gazette on 18 June 2008, they will have an impact on both the federal entities and the
Federation, so it is expected that the results will be different in each sphere. This is because the text of the Constitution makes a
number of exceptions to the adversarial system that apply to the federal authorities only, as they have jurisdiction for the prosecution
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