E/CN.4/2003/8/Add.3
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offence of forced disappearance of persons may be tried only in the competent jurisdictions of
ordinary law in each State, to the exclusion of all other special jurisdictions, particularly military
jurisdictions”.
67.
Mexico is in the process of ratifying this convention. The Working Group therefore
believes that to have the case heard by an ordinary civil court would send a strong signal of its
willingness to combat impunity.
VII. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
68.
The Working Group expresses its gratitude to the Government of Mexico, whose
representatives worked non-stop to ensure that the federal and State administrations cooperated
fully and completely openly with the Working Group.
69.
The Working Group urges the Government to pursue and persevere with the interesting
initiatives it has taken to develop a human rights culture in the public services.
70.
While the Working Group observed significant progress at the federal level, the same
could not be said at the level of some of the States, where many of the initiatives to improve the
human rights situation could not be carried through because of corruption and the impunity
associated with it.
71.
Having visited a large number of detention centres, the Working Group calls on the
authorities to make use of the prison release programme to review the situation of the many
detainees sentenced to long prison terms who complain that the guarantees of due process were
not all available to them during their trials.
B. Recommendations
72.
In the light of this report, the Working Group recommends that the Government of
Mexico should consider:
(a)
Amending (without waiting for the ratification of the treaties mentioned earlier)
domestic legislation to bring it into line with international standards, particularly with regard to
the presumption of innocence, cases of flagrante delicto, the proportionality of sentences for
offences considered as serious, and conditions for early release. With regard to effective
remedies for arbitrary detention, it should also consider modifying the amparo process,
classifying arbitrary detention as a criminal offence and prohibiting the use of cars without
number plates by law-enforcement officers;
(b)
Initiating an in-depth debate on the need to reform the penal system, criminal
procedure and the para-judicial powers of the Public Prosecutor’s Office;
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