A/HRC/28/68/Add.3
joined civilian security forces and an army-trained police force has been created. This
threatens the principles that must govern law enforcement and the guarantees of detainees.
A.
Torture and ill-treatment
23.
Torture and ill-treatment are generalized in Mexico. The Special Rapporteur
received many credible complaints from victims, family members and their representatives
and persons deprived of their liberty and was informed of a number of already documented
cases that point to the frequent use of torture and ill-treatment in various parts of the
country by municipal, state and federal police, state and federal ministerial police and the
armed forces. Most victims are detained for alleged links with organized crime. This
situation is exacerbated by the state of exception suspending the constitutional and legal
rights of detainees with alleged links to organized crime, which includes arraigo detention,
pretrial detention without formal charges and the ability of the Public Prosecution Service
to extend the period during which a person is detained or held before being brought before
a judge.
24.
It is difficult to know the real number of cases of torture. At present, there is no
national register of cases and each state has its own data. Moreover, many cases are not
reported out of fear of reprisals or distrust of the authorities and there is a tendency to
classify acts of torture and ill-treatment as less serious offences. The number of reports and
complaints is also very high. The National Human Rights Commission reported receiving
11,608 complaints of torture and ill-treatment between 2006 and April 2014. The Federal
District Human Rights Commission received 386 complaints of torture between February
2011 and February 2014. Civil society organizations reported more than 500 documented
cases between 2006 and 2014. Although there may be some duplication, these numbers are
worrying.
25.
Torture is used mainly from the moment when a person is detained until he is
brought before the judicial authority, its purpose being to punish and to extract confessions
or incriminating information. In 2012, according to a survey by the Centre for Research and
Teaching in Economics (CIDE), 57.2 per cent of detainees in federal centres said that they
had been beaten during their detention and 34.6 per cent said that they had been forced to
sign or alter a confession. Consistently, an alarming number of detainees interviewed
claimed to have been tortured after being detained. At the Federal Investigation Centre,
where arraigo detainees are held, almost everyone interviewed claimed to have been
subjected to torture and ill-treatment before entering the Centre.
26.
The Special Rapporteur observed disturbing similarities among testimonies.
Generally speaking, people report having been detained by individuals dressed as civilians,
sometimes hooded, who drive unmarked cars, do not have an arrest warrant and do not give
the reasons for the arrest. When people are arrested at home, such individuals generally
enter the home without a warrant and property is damaged and stolen. During their arrest,
people are hit, insulted and threatened. They are blindfolded and driven to unknown
locations, including military bases, where the torture continues, consisting of a combination
of: punches, kicks and beatings with sticks; electric shocks through the application of
electrical devices such as cattle prods to their bodies, usually their genitals; asphyxiation
with plastic bags; waterboarding; forced nudity; suspension by their limbs; threats and
insults. Occasionally, days go by without anyone being informed of the detainee’s
whereabouts or without the detainee being brought before the ministerial police or judicial
authority. Victims have often been paraded before the media as criminals without having
been convicted; this in itself constitutes degrading treatment.
27.
The Special Rapporteur was told of cases where victims had died as a result of being
tortured and cases where torture occurs in conjunction with extrajudicial executions and
GE.14-25288
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