CAT/C/MEX/CO/7
(a)
Adopt effective measures to ensure that confessions and statements
obtained through torture or ill-treatment are not admitted in evidence in practice,
except against persons accused of committing torture, as evidence that the statement
was made;
(b)
Ensure that, when it is alleged that a statement has been obtained
through torture, the allegation is investigated immediately and the burden of proof
falls not on the victim but on the State;
(c)
Expand training programmes for judges and prosecutors in order to
provide them with the skills needed to detect and investigate all complaints of torture
and ill-treatment effectively, and, in particular, to build the institutional capacity that
will make it possible for them to disallow statements obtained under torture;
(d)
Ensure that all law enforcement officers, judges and public prosecutors
receive mandatory training emphasizing the link between non-coercive interrogation
techniques, the prohibition of torture and ill-treatment, and the obligation of the
judiciary to disallow confessions obtained under torture;
(e)
Ensure that penalties are imposed upon judges who fail to respond
appropriately to allegations of torture raised during judicial proceedings.
Furthermore, the State party should ensure that officials who extract confessions
through torture are immediately brought to justice;
(f)
Compile and make public information on criminal proceedings in which
judges, either on their own initiative or at the request of parties to the case, have ruled
that evidence obtained under torture is inadmissible, and the measures taken in that
regard.
Allegations of torture and ill-treatment
22.
The Committee regrets that it did not receive comprehensive information from the
State party on the number of complaints of acts of torture or ill-treatment registered during
the period under review. According to the limited data provided by the delegation, 870
complaints of acts of torture and 360 complaints of ill-treatment allegedly committed by
Federal Police officers were made in 2013, compared with 466 complaints of torture and 40
complaints of ill-treatment in 2018. Complaints of alleged acts of torture committed by
officials of the Office of the Prosecutor General of the Republic (hereinafter the Prosecutor
General’s Office) numbered 42 in 2013, and 32 in 2018. In total, 3,569 complaints (of an
unspecified nature) were registered against officials of the National Institute for Migration
in 2013 and 1,216 in 2018. With regard to the Ministry of Defence, the State party merely
indicates that between 2013 and 2018 the Ministry was the subject of 22 recommendations
of the National Human Rights Commission and that 11 of these recommendations related to
torture and ill-treatment. Although the delegation affirmed that the training programmes run
for federal law enforcement officers had helped to reduce the number of complaints, the
Committee has serious reservations about this claim, especially since the State party has not
provided any information at all for the period 2014–2017, nor any disaggregated statistical
information concerning the complaints made, the bodies to which they were submitted and
the institutions that investigated them. The Committee has also not received the requested
information on action taken by the State party in response to the 18 recommendations
concerning serious violations that the National Human Rights Commission issued during
the period under review in connection with cases of torture and ill-treatment, most of which
were directed at the National Security Commission, the Ministry of Naval Affairs and the
Prosecutor General’s Office. Lastly, the Committee regrets that the State party has not yet
established the national register of cases of torture envisaged under the General Act on
Torture (arts. 2 and 13).
23.
The State party should:
(a)
Take the measures necessary to ensure that reporting systems are
effective, independent, accessible and completely safe for victims;
(b)
Create and continually update a national register of cases of torture, as
provided for in the General Act on Torture, and compile and publish statistical data
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GE.19-12617