A/HRC/28/68/Add.3 approval of the Senate in each case, recognize the jurisdiction of the International Criminal Court”. This condition prevents it from collaborating fully with the Court and contravenes the provisions of the Statute that establish the Court’s ipso jure jurisdiction and prohibit any reservation or interpretative statement. B. Regional level 8. Mexico has ratified the principal human rights treaties of the Organization of American States (OAS), including the American Convention on Human Rights, the InterAmerican Convention to Prevent and Punish Torture, the Inter-American Convention on Forced Disappearance of Persons and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belém do Pará). It recognizes the jurisdiction of the Inter-American Court of Human Rights. C. National level 1. Constitution 9. The Constitution prohibits “flogging, beating with sticks, torture of any kind” and other “unusual or extreme penalties” and punishes “any ill-treatment during arrest and confinement”. 2 It also states that incommunicado detention, intimidation or torture is prohibited and punishable by criminal law.3 10. A set of constitutional amendments enacted on 10 June 2011 affirmed that no derogation can be made from the prohibition of torture and the remedy of amparo (protection), even in states of emergency. The amendments accorded constitutional status to the human rights norms contained in international treaties, including the obligation to prevent, investigate, punish and redress violations, and ordered that human rights obligations were to be interpreted pro homine.4 They expanded the investigatory powers of the National Human Rights Commission and established that the prison system must be organized on the basis of respect for human rights and social reintegration.5 The Special Rapporteur regrets that important elements of these amendments are still awaiting implementing legislation and calls on the Government to expedite their full implementation. Another set of amendments, adopted on 6 June 2011, broadened the scope of the remedy of amparo to include the protection of rights recognized in the Constitution and in treaties ratified by Mexico.6 11. In 2008, another set of constitutional amendments laid the bases for the transition from inquisitorial to adversarial criminal proceedings, which must apply throughout the country by 2016. The amendments enshrined in the Constitution important preventive safeguards, including the obligation to record a person’s detention immediately, the inadmissibility of evidence obtained in violation of fundamental rights and the admission solely of evidence presented in court hearings, with exceptions for evidence submitted prior to the trial and for cases of organized crime. They also affirmed the inadmissibility of confessions made in the absence of defence counsel and endorsed the principles of presumption of innocence and access to defence counsel from the moment that a person is detained. 2 3 4 5 6 4 Political Constitution, arts. 19 and 22. Ibid., art. 20. Ibid., art. 1. Ibid., arts. 18, 97, 102 and 105. Ibid., arts. 103, 104 and 107. GE.14-25288