CAT/C/MEX/CO/7
Conditions of detention
32.
As the delegation acknowledged, the Mexican penitentiary system faces enormous
challenges, especially at the state level. The Committee therefore appreciates the efforts
made by the State party to reduce overcrowding in federal prisons, as this improves the
conditions of detention. However, the Committee remains concerned about reports of
overcrowding in a number of state and municipal prisons, such as Chalco, Lerma and
Jilotepec prisons in Mexico State. Furthermore, the Committee is concerned at the high
number of persons held in pretrial detention, sometimes for extremely long periods of time,
and at the fact that not only does the State party continue to apply mandatory (oficiosa)
pretrial detention, but that the list of offences incurring this measure, which is contrary to
international standards, has recently been extended. The Committee also notes the content
of the Federal Act on the Enforcement of Criminal Penalties of 16 June 2016 and the
adoption in November 2016 of a series of prison management protocols. It remains
concerned, however, about reports of self-rule arrangements, made possible by the lack of
custodial staff in many of the country’s prisons, frequent riots resulting in fatalities,
violence among inmates and inadequate security measures in some prisons. The Committee
is also concerned about acts of corruption by prison officers and other prison staff (arts. 11
and 16).
33.
The State party should:
(a)
Pursue its efforts to eliminate overcrowding in all detention centres, in
particular state and municipal detention centres, primarily by using alternative
measures to custodial sentences. In this regard, the Committee draws the State party’s
attention to the United Nations Standard Minimum Rules for Non-custodial Measures
(the Tokyo Rules) and the United Nations Rules for the Treatment of Women
Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules).
Work should also be undertaken to make the necessary improvements to prison
facilities and urgent measures should be taken to remedy any deficiencies related to
the general living conditions in prisons;
(b)
lengthy;
Ensure that in practice pretrial detention is not overused or excessively
(c)
Amend or repeal the constitutional provisions that provide for
mandatory pretrial detention for certain offences;
(d)
Finalize the establishment of the intersectoral committee that will enable
persons deprived of liberty to access the public health system;
(e)
Ensure that there are sufficient prison officers and other custodial staff
to guarantee security inside prisons;
(f)
Take judicial and disciplinary proceedings against officials and other
custodial personnel responsible for corruption in the penitentiary system.
Juvenile justice
34.
While noting the enactment on 16 June 2016 of the National Act on the
Comprehensive Juvenile Criminal Justice System and the General Act on the Rights of
Children and Adolescents on 4 December 2014, as last amended on 20 June 2018, the
Committee remains concerned about reports of excessive and lengthy use of pretrial
detention for minors in conflict with the law. Also of concern are the treatment of minors
deprived of their liberty and the conditions of prolonged solitary confinement observed by
the Special Rapporteur on torture during his 2014 visit to the Juvenile Offenders Remand
and Rehabilitation Centre in Monterrey (A/HRC/28/68/Add.3, paras. 70 and 71) (arts. 11
and 16).
35.
The State party should:
(a)
Take measures to ensure the dignified treatment of all minors deprived
of their liberty and the maintenance of adequate conditions of detention in juvenile
detention centres;
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GE.19-12617