E/CN.4/2003/8/Add.3
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(c)
Tackling the reforms needed to bring domestic legislation dealing with children,
particularly with the protection of children’s freedom, into line with international standards for
juvenile justice;
(d)
Improving the system of public defenders and court-appointed defence lawyers to
make it more effective, providing it with adequate resources and investigative tools to put it on
an equal footing with the Public Prosecutor’s Office, and reviewing the system whereby
court-appointed lawyers have to be replaced at each phase of the procedure in order to guarantee
continuity in the defence throughout the proceedings; improving communications with defence
lawyers to give them sufficient time to prepare a proper defence before the accused’s first
statement to the judge and during the trial; and providing guarantees to ensure that detainees are
treated with respect for their dignity and not kept behind a grille during hearings, so that hearings
really are open to the public;
(e)
The Working Group believes it is appropriate to insist on the need to maintain a
clear-cut distinction between military tasks and policing tasks in law-and-order functions;
(f)
The Government should consider undertaking a wide-ranging review of past cases
of abuse in which persons were arbitrarily detained during social and other protests, including
the cases on which the Working Group has rendered an opinion, such as those of
Fernando Gatica Chino and Felícitas Padilla, who are still being detained and who have no
judicial remedy open to them. Democratic openness in Mexico contributes to another kind of
social participation, which should be encouraged. Moreover, as the forced disappearances
committed by the military in the past constitute serious human rights violations, they should be
dealt with by the ordinary civil courts;
(g)
As part of action to combat corruption, care should be taken to show exemplary
respect for the accused’s right to due process so as not to undermine the credibility of the cause.
The Working Group considers that, as acts of corruption by the military are offences under
ordinary law, they should be tried in future by ordinary civil courts;
(h)
Monitoring procedures for public officials, particularly internal monitoring
procedures, should be strengthened.
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