450.In this regard, we would point out that the reform of the criminal justice system clearly states in section B of article 20 that
"incommunicado detention, intimidation and torture are forbidden and punishable as a criminal offence. A confession made without
the assistance of legal counsel shall be inadmissible as evidence."
Take all necessary legislative, administrative and other measures in order to bring primary and
secondary legislation into compliance with the international treaties on torture (para. 57)
Compliance measures
451.Stressing the importance of prison work in the state of Mexico, the state authorities announce that there will be a Social
Restriction Act by 2011, which would repeal the current Act on the Enforcement of Custodial Sentences, bringing it into line with the
relevant changes in the law that have recently been made at national level.
452.Note that on 1 October 2009, the State of Mexico began to implement a new Code of Criminal Procedure, which has ensured
the proper administration of justice, within a framework of full respect for the fundamental individual rights recognized in the
Constitution and in international instruments to which Mexico is a party.
Establish penalties that are commensurate with the seriousness of the offence of torture so that it
is not put on the same level as injury or similar offences (para. 57)
Compliance measures
453.As mentioned above, the crime of torture is regulated at national level in all federal entities.
Legal instrument
Aguascalientes
Text
Article 3.– 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.
State Act to
Prevent and Punish Article 4.– Anyone committing the crime of torture shall be sentenced to a term of imprisonment of 3 to 12
Torture
years, fined from 200 to 500 days' minimum wage in force in the state and disqualified from holding any public
office, position or commission, for up to twice the length of the prison sentence. The number of days' fine shall
be determined in accordance with the provisions of article 30 of the State Criminal Code.
Article 307 Bis.– Type. A state or municipal public servant commits the offence of torture if, in exercise of their
official functions, they themselves, or using a third party, 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, to coerce them into specific behaviour or to inflict punishment for an act which that individual has or is
suspected of having committed.
Pain or suffering arising only from, inherent in or incidental to lawful sanctions, or arising from a legitimate act of
authority, shall not be considered torture.
"Any detainee or accused person shall, at any time upon request, be examined by a forensic medical expert or
by a doctor of his or her choice. The person conducting the examination shall immediately issue the appropriate
certificate and, if he or she ascertains that pain or suffering has been inflicted, as per the first paragraph of this
article, shall inform the competent authority.
Baja California
Criminal Code(10 The request for a medical examination may be made by the defender of the detainee or accused person, or by
October 1992)
a third party.
A statement or information obtained by torture may not be admitted as evidence."Civil servants who learn of an
act of torture are required to report it immediately; a failure to do so shall be punishable by a term of
imprisonment of from 6 months to 6 years and a fine of from 15 to 60days.
Anyone responsible for any offence under this chapter shall be required to cover the legal, medical, funeral,
rehabilitation or any other costs claimed by victims or incurred their families as a consequence of the offence.
They shall also be required to repair the damage and compensate for damages caused to victims or their
dependents in cases of: loss of life, impaired health, loss of freedom, loss of income, inability to work, loss of or
damage to property and harm to reputation.
Baja California
Criminal Code(as
amended on
31 March 2008)
In setting the relevant amounts, the judge shall consider the extent of damage caused.
Article 149.– A public servant of the state or municipality commits the offence of torture if he personally, or via
a third party, in exercise of their official functions, inflicts severe pain or suffering, physical or moral coercion,
exerts psychological pressure, using threats, terrifying allusions or psychoanalytic experiments, or administers
psychotropic drugs or other substances of a similar nature, in order to obtain information or a confession, to
coerce them into specific behaviour or to inflict punishment for an act which that individual has or is suspected
of having committed.
Article 150.– A perpetrator of the crime of torture shall be sentenced to a term of imprisonment of from 2 to
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