THEMATIC REPORT 2017
REDRESS AND REPARATIONS
expertise, meaning that no psychological examination of the
victim is carried out. In addition to the problems associated
with the quality of the medical evidence documenting the
allegations of torture, the complaint about torture is filed
at the police station, placing the victim at risk of intimidation or harassment and leaving room for the complaint
to be altered or simply not recorded.
Case Study
Medico-legal reports corroborate torture
used to extract information
CCTI currently supports four victims involved in legal proceedings in which they were able to prove
that statements they made, accusing a fifth person - “Carlos” - of organised crime, were obtained
through torture. The victims’ allegations were proven by submitting medico-legal reports, carried
out by members of the Red Nacional de Peritos Independientes en México (National Network of
Independent Experts in Mexico), according to the standards in the Istanbul Protocol. The medicolegal reports corroborated the allegations of the four victims.
On 8 September 2016, the court handed down its judgement, in which full probative value was given
to the independent medico-legal reports. As a result of this evidence, the court excluded the victims’
confessions obtained as a result of torture. “Carlos” was acquitted and his immediate release from
detention was ordered. However, the trial of the four victims is still pending, demonstrating the
lengthy judicial process and the impunity that persists in Mexico. It has taken seven years to prove
that the allegations against Carlos were false. In addition, two years have passed since the court
accepted the allegations that the four victims were tortured, yet these four individuals are still
deprived of their liberty.
There is a low perpetrator conviction rate
compared with complaints filed
There are very few criminal convictions of perpetrators
compared to the number of complaints about torture or
ill-treatment which are filed.
In the Philippines, there is only one known case where the
perpetrator was convicted in 2016, in accordance with the
Anti-Torture Act. However, the defendant filed a plea bargain
and was therefore convicted of a lesser offence. Another
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