CAT/C/MEX/CO/7 on the number of complaints of acts of torture and ill-treatment registered in all bodies; (c) Provide information on the steps taken to implement the recommendations of the National Human Rights Commission in cases of torture and ill-treatment. Investigation of acts of torture and ill-treatment and prosecution and punishment of perpetrators 24. The Committee expresses its concern about the serious shortcomings evident in the investigation of acts of torture and ill-treatment in Mexico, and about the persistently high levels of impunity associated with offences of this kind. According to data provided by the delegation, as at January 2019 the Prosecutor General’s Office had 4,296 preliminary inquiries under way and had opened 645 case files in connection with offences of torture. However, the Committee regrets that it has not received comprehensive information on the number of cases that have resulted in criminal proceedings and the number of prosecutions and disciplinary proceedings initiated for acts of torture and ill-treatment during the period under review. The Committee has also not received the requested information about the workload of staff attached to the Special Prosecutor’s Office. According to the summary information provided by the delegation, the federal courts handed down 45 convictions for acts of torture between 2013 and 2018. However, no information was provided about the status and nature of the convictions or the penalties imposed on the persons convicted. The Committee has also not received information about sentences handed down in state-level courts, although, according to data collected in the 2017 national survey on the administration of justice carried out by the National Institute of Statistics and Geography, there were 3,214 complaints of torture and ill-treatment in 2016 alone but only 8 of them resulted in criminal proceedings (see the 2018 annual report of the National Human Rights Commission). Lastly, the Committee notes the delegation’s explanations regarding the implementation of the Harmonized Protocol on the Investigation of the Crime of Torture but remains concerned about reports indicating that the action taken by the Prosecution Service, as required under the Harmonized Protocol, before passing cases on to the Special Prosecutor’s Office impede access to justice for victims, even though the State party maintains that these measures are designed to ensure that alleged victims receive prompt assistance (arts. 2, 12, 13 and 16). 25. The Committee urges the State party to: (a) Ensure that all complaints of torture and ill-treatment are investigated in a prompt and impartial manner by an independent body; (b) Ensure that the authorities open an investigation ex officio whenever there are reasonable grounds for believing that an act of torture or ill-treatment has been committed; (c) Ensure that, in cases of torture and/or ill-treatment, suspected perpetrators are immediately suspended from duty for the duration of the investigation, particularly when there is a risk that they might otherwise be in a position to repeat the alleged act, take reprisals against the alleged victim or obstruct the investigation; (d) Facilitate access to justice for victims by providing appropriate legal assistance, including free legal aid where warranted. In particular, the Committee urges the State party to review the content of the Harmonized Protocol in order to guarantee access to justice for victims; (e) Ensure that the suspected perpetrators of acts of torture and illtreatment and the superior officers responsible for ordering or tolerating the acts are duly tried and, if found guilty, punished in a manner that is commensurate with the gravity of their acts; (f) Ensure implementation and enforcement of the provisions of the General Act on Torture, in particular in the investigation and prosecution of acts of torture and ill-treatment. The State party should oversee the establishment and effective GE.19-12617 7

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