E/CN.4/2003/8/Add.3
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had been arbitrarily detained in previous years, and even some who had been convicted recently,
had been given no opportunity to remedy their situation through ordinary judicial procedures.
This led President Fox to set up the Commission on Release from Prison.
Although the authorities were found to be open and willing to improve the monitoring of
detention (a point which the Working Group would like to emphasize), it is still difficult to give
effect to measures to prevent arbitrariness. Two examples can be given: the presumption of
innocence, which is not expressly mentioned in any legislation, and the concept of “equipollent
flagrancy”, which amounts to a sort of blank cheque for detaining people. Abuses that took
place mostly in the past but that still take place today as a result of both corruption and a lack of
human rights training have helped to create a situation in which many people are extremely
vulnerable in the presence of public officials.
The problem of the impunity of many officials in connection with arbitrary detention has
not yet been overcome. The system often lends itself to this scenario. Moreover, in some parts
of the country, particularly in the countryside, there are a number of powerful individuals who,
in association with certain local authorities, are able to operate outside the law, sowing fear
among local, sometimes indigenous, communities. Despite the efforts of the Guerrero Human
Rights Commission, the majority of complaints of arbitrary detention received by the Working
Group in this State concern situations of this kind.
In addition, although the Working Group’s mandate does not cover detention conditions,
its visits to a large number of detention centres revealed several situations that it is bound to
mention for humanitarian reasons, so that the State can do something to resolve them. Prison
conditions need to be improved, particularly in certain parts of the countryside, given the present
overcrowding (Oaxaca, Tlaxiaco, Iguala and Acapulco) and the unlikelihood of any reduction in
the number of inmates under the current penal system and system of criminal procedure.
In the high-security prisons (“federal centres for social rehabilitation”, known by the
abbreviation “Ceferesos”), where security is so tight that not only the members of the Working
Group, but also the prison governor himself, had to go through numerous security checks,
inmates have no privacy when they talk to their lawyers (their papers are often photocopied).
Contacts between inmates and their relatives are even more restricted. Fernando Gatica Chino
and his wife Felicitas Padilla Navas, who are held in separate detention centres and whose
detention was declared arbitrary (under category III) by the Working Group in its opinion
No. 37 (2000) are allowed only one eight-minute telephone call a month.