A/HRC/28/68/Add.3
done by the Centre’s staff with very limited resources, there are persons with serious
disabilities and chronic unmet medical needs who have been living there, some of them for
over 20 years, in insanitary conditions and a state of abandonment, with little likelihood of
rehabilitation. These persons receive social assistance and little else; they have no health
care and there are no safeguards for the prevention of torture and ill-treatment.
IV. Conclusions and recommendations
A.
Conclusions
76.
Torture and ill-treatment in the moments following detention and before
detainees are brought before a judge are generalized in Mexico and occur in a context
of impunity, the aim usually being to inflict punishment or to extract confessions or
information. There is evidence of the active participation of police and ministerial
police forces from almost all jurisdictions and of the armed forces, but also of
tolerance, indifference or complicity on the part of some doctors, public defenders,
prosecutors and judges.
77.
Safeguards are weak, especially those for detecting and preventing torture in
these first moments of detention and ensuring its prompt, impartial, independent and
exhaustive investigation. Detention records and medical examinations are often
inadequate and do not mention allegations or evidence of torture; there is inadequate
monitoring of the legality of detention or the deadline for bringing detainees before
the Public Prosecution Service; detainees are not given immediate access to an
adequate defence; detainees’ statements are given without judicial oversight or the
presence of a lawyer; investigations are not launched automatically and evidence
obtained under torture is not excluded automatically; and the Istanbul Protocol is
being interpreted restrictively and incorrectly.
78.
The Government acknowledges the need to strengthen safeguards. The
legislative framework has been strengthened by the 2008 and 2011 constitutional
amendments and the General Victims Act and in part by the amendment to the Code
of Military Justice prohibiting military courts from handling cases of human rights
violations committed against civilians. Proposals are under discussion that would
bring the federal definition of torture into line with international standards, restrict
the application of arraigo and create the position of sentence enforcement judge. The
Supreme Court has played an active role in guaranteeing human rights by adopting
decisions that restrict arraigo and military jurisdiction, make decisions of the InterAmerican Court of Human Rights binding on Mexico, emphasize the obligation
automatically to investigate any allegation of torture and exclude evidence obtained as
a result of torture or violations of fundamental rights. The recent adoption of the
protocol directing the conduct of judges hearing cases of torture is a positive step for
strengthening safeguards. However, the number of reported cases of torture remains
high and underrepresents their actual incidence. The Government has not succeeded
in reversing the prevailing impunity, nor has it made progress in ensuring the
necessary comprehensive redress.
79.
The Special Rapporteur expresses his extreme concern at the September 2014
events in Iguala (Guerrero), where municipal authorities, in collusion with organized
crime, forcibly disappeared 43 student teachers, executed a further 6, some of whose
bodies showed clear signs of torture, and injured more than 20 people. This
unacceptable tragedy urgently demands that the Government implement structural
reforms in the area of security, the fight against corruption and human rights
18
GE.14-25288
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