index of visits.
226.Decision A/001/96 of the Attorney-General for the Federal District instructed the prosecutors of the Federal District on the
measures to be taken to safeguard the guarantees contained in article 20, paragraph c, of the Constitution of the United Mexican
States and article 269 part III of the Code of Criminal Procedure for the Federal District, which set out the rights of the accused.
227.We would also point out that the Human Rights Commission of the Federal District makes daily working visits to the various
local coordination offices of the Office of the Attorney-General for the Federal District where preliminary investigations are being
conducted into alleged human rights violations, in order to monitor the conduct of such investigations.
228.Note that, in conducting such investigations, public prosecutors take account not only of the provisions of the Constitution but
also relevant aspects of their internal regulations.For instance, the main goal of circular C/001/2004, published on 4 May 2004 in the
Official Gazette of the Federal District, is to ensure optimum safety and legality in the interests of people handed over to the
Prosecution Service for allegedly committing an offence.
229.Moreover, to prevent acts of torture being committed in detention centres operated by the Office of the Attorney-General for the
Federal District, on 20 January 2010 circular C/001/2010 was published in the Official Gazette of the Federal District, laying down
measures to guarantee the security of persons detained by agencies of the Prosecution Service.
230.This circular is intended to ensure that detainees are not subjected to torture while deprived of their liberty. The principal rights
covered by the decision are as follows:
One: The forensic medical experts assigned to agencies of the Prosecution Service must notify the public prosecutor
immediately they ascertain a need for psychological or psychiatric care, so that the latter can request intervention by a
professional specialist, the expert services unit or, where necessary, the Office of the Assistant Attorney-General for Victim
Care and Community Service .
The security of persons deprived of their liberty in detention facilities shall be ensured by:
Issuing a provisional certificate for such persons o n the ir physical and psychological condition, their bodily integrity and
any injuries. This should be included in the preliminary investigation .
Conducting a thorough review of accused person s before admission to the detention facility, to ensure that they are not
carrying any tool, object or garment that could en danger or damage third parties .
Instruct ing staff assigned to guard duties to conduct a detailed review of the physical place where the person s are to stay
while in detention, to check that th e place is clean, with sanitary facilities and running water, paying special attention to
any objects that might represent any danger to t h em . They should be told that prosecution staff will be informed of the
outcome of the review .
If the medical assessment indicates that the accused should be sent to a health cent r e or hospital , immediately taking the
necessary steps to do so. The investigative police should be informed to enable them to arrange security for the transfer.
Two: Prosecution staff will require the guards and investigative police to safeguard their psychological and physical
integrity. To that end, they should establish a surveillance system in security areas, taking care to respect detainees’ rights
at all times .
In each security area , guards shall keep a log record ing the exact time of the guard s’ duty shifts , visits received, noting
visit ors’ names , the public serv ant authoriz ing the visit, the date , time and reason for the visit . T he date s and time s
when the detainee is fed should also be noted . A report shall be drafted and delivered to the public prosecutor, who will add
the original of the evidence to the preliminary investigation.
Ask detainees to sign a form indicating the person they wish to have notified of their detention
(para. 125)
Compliance measures
231.In the Federal District the devolved investigating prosecutors are responsible for ensuring that each detainee can make a phone
call to communicate with their relatives and/or defence counsel before making the statement to the prosecution. This measure was
designed to address the comments made by the National Preventive Mechanism in its report I/2008.
232.This measure also applies to staff of the Office of the Attorney-General for the Federal District involved in conducting the
preliminary investigations with the detainee.
Ensure the presence of a lawyer or public defender in cases where detainees cannot afford to pay
for legal counsel (para. 128)
Compliance measures
233.According to the Office of the Attorney for the Defence of Indigenous Peoples, throughout the territory of Oaxaca, there are
defence lawyers assigned to each of the criminal and mixed courts.
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