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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