E/CN.4/1994/31
page 81
Mexico
Information transmitted to the Government and replies received
381. By letter dated 26 August 1993 the Special Rapporteur advised the
Government that he had received reports according to which torture and
ill-treatment continued to be practised by the judicial police during the
initial stages of a criminal investigation as a means of extracting
confessions from detainees. Moreover, these confessions continued to be
accepted as evidence by the majority of courts. The most commonly used
methods were beatings, introduction of carbonated water into the nose,
suffocation by placing a plastic bag over the head or immersing the head in
water, electric shocks and death threats.
382. According to the information received, the practice of torture and
ill-treatment was facilitated by the fact that the perpetrators were rarely
prosecuted. Even in cases where a recommendation had been issued by the
National Human Rights Commission, the recommendation had been ignored and the
persons responsible had gone unpunished. Cases of indemnification of victims
were rare, even where the authorities had recognized the existence of torture.
383. The Special Rapporteur was also informed of the existence of a draft text
to revise various articles of the Constitution, which called, inter alia, for
an increase in the period of preventive detention from the 24-hour limit
currently in force to 72 hours. According to the sources, this reform would
represent a setback in the protection of the rights of detainees and would
facilitate the practice of torture and ill-treatment. The individual cases
referred to in the following paragraphs were communicated to the Government.
384
Rubén Medina Rubio was arrested on 23 November 1989 in the town of Jalapa
and taken to the premises of the judicial police of the Federal District
located in Médico Militar street, Mexico City. It was reported that both at
the time of his arrest and during his transfer he was severely beaten for
refusing to confess his involvement in a kidnapping and homicide case.
Also
arrested was Angel Chávez Sánchez who, under torture - as corroborated by
medical certificates and photographs - reportedly implicated Mr. Medina in the
crimes with which he had been charged. Mr. Chávez was reported to have
retracted his statement before the Eighth Criminal Court of the Federal
District. According to the information received, Mr. Chávez’s original
statement constitutes the only evidence on the basis of which Mr. Medina was
sentenced to 37 years in prison.
385. Manuel Manríquez San Agustín, a member of the Otomí indigenous community
of Ranchería Piedra Blanca, Tutotepec, state of Hidalgo, was arrested without
a warrant by members of the judicial police of the Federal District on
2 June 1990 in Mexico City. During the four days in which he was kept
incommunicado he was reported to have been severely beaten and subjected
to suffocation and electric shocks. Finally, he was forced to sign a
confession in Spanish, despite the fact that he did not understand the
language.
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