CAT/C/MEX/CO/7 are not returned or extradited to their countries of origin if there are substantial grounds for believing that they would run a personal and foreseeable risk of being subjected to torture. The Committee draws the State party’s attention to the Guidance note on bilateral and/or multilateral transfer arrangements of asylum seekers, published in 2013 by the Office of the United Nations High Commissioner for Refugees (UNHCR) (para. 3 (iv)). Diplomatic assurances 54. According to the information supplied by the State party, during the reporting period Mexico provided or accepted diplomatic assurances or similar guarantees in several cases of active and passive extradition. The State party indicates that the minimum standards of such guarantees or safeguards must conform to article 20 B, read in conjunction with article 22, of the Constitution, as well as to the American Convention on Human Rights and the Convention against Torture. The Committee regrets, however, that it has not received detailed information on the monitoring mechanisms or measures agreed in these cases between Mexico and the receiving or returning States (art. 3). 55. The State party should under no circumstances expel, return or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. Moreover, as indicated in paragraph 20 of the Committee’s general comment No. 4 (2017) on the implementation of article 3 of the Convention in the context of article 22, diplomatic assurances should not be used as a loophole to undermine the principle of nonrefoulement as set out in article 3 of the Convention. The State party should thoroughly consider the merits of each individual case, including the overall situation with regard to torture in the country of return. The principle of aut dedere aut judicare 56. The Committee notes the information provided by the State party on the inclusion of the principle of aut dedere aut judicare as a jurisdictional ground through an amendment to article 2 (I) of the Federal Criminal Code, of 2007, with the aim of ensuring that the Mexican authorities are able to investigate and prosecute offences committed abroad by foreigners against foreigners in cases where they are required to extradite or prosecute under an international treaty to which Mexico is a party, such as the Convention. In this connection, the Committee notes that, in order for Mexican courts to be able to exercise jurisdiction in such cases, the criteria set forth in article 4 of the Federal Criminal Code must be fulfilled, requiring not only that the accused must be present in the territory of the State party and must not have been definitively tried in the country in which he or she committed the offence, but also that the offence of which he or she is accused must be an offence both in the country where it was committed and in Mexico. Taking into account the delegation’s explanations about the provisions of the Criminal Code that would enable the Mexican courts to exercise jurisdiction when the offence is not provided for in national legislation but is provided for in a treaty ratified by Mexico, the Committee remains concerned that those provisions could create situations of impunity, especially in cases in which the country where the acts of torture were committed is not a party to the Convention, or the crime of torture is not defined in its legislation (art. 5). 57. The State party should consider abolishing the double criminality requirement for the crime of torture and applying the principle of aut dedere aut judicare when an individual suspected of having committed acts of torture abroad is present on its territory and it does not extradite him or her, in accordance with article 5 (2) of the Convention. Gender-based violence 58. The Committee is deeply concerned about the number of women murdered in the State party during the reporting period. According to data provided by the delegation, 2,745 femicides were recorded between January 2015 and February 2019 alone. In this regard, the Committee is concerned at the low number of court rulings issued in cases of domestic violence and femicide: 709 between 2011 and 2017, of which 573 were convictions and 16 GE.19-12617

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