CAT/C/MEX/CO/7
(b)
Ensure that the effectiveness of rehabilitation programmes for victims of
torture is continuously monitored and evaluated and that data on the number of
victims and their specific rehabilitation needs are collected;
(c)
Create commissions to assist victims in those federative entities that do
not yet have one; ensure that the Executive Commission for Victim Support and the
committees of the federative entities have adequately trained specialized personnel
and the necessary material resources for their proper functioning; and consider
expanding their existing services and benefits;
(d)
Collaborate with civil society organizations in the design and delivery of
rehabilitation services;
(e)
Ensure that victims have a free choice of services between State and nonState service providers;
(f)
Ensure assistance to victims of torture through the implementation of
immediate assistance measures and registration in the National Register of Victims.
Detention of asylum seekers and undocumented migrants
48.
The Committee notes with concern that the State party continues to rely on the
automatic or mandatory detention of undocumented migrants and asylum seekers. Pursuant
to section 111 of the Migration Act, the National Institute for Migration has a period of 15
working days to decide on the cases of persons staying in so-called migrant holding centres,
extendable to 60 days in certain circumstances. However, in the event of an administrative
or judicial appeal, including in relation to asylum applications, the law does not stipulate
the maximum duration of administrative detention. Although the law does not provide for
the detention of minors in these centres, except for unaccompanied minors, and only in
exceptional circumstances, information before the Committee indicates that minors
continue to be detained in migrant holding centres that are not equipped to meet their
specific needs. The overcrowding and poor material conditions in migrant holding centres,
as well as other deficiencies, notably regarding hygiene and food, are also a cause for
concern. In this regard, the Committee notes that five migrant holding centres have been
closed down and four others, as well as six temporary centres, are at present temporarily
closed, having been deemed not to meet the minimum accommodation standards defined in
a recommendation issued by the National Mechanism for the Prevention of Torture.
According to the explanations provided by the delegation, the Mechanism can carry out
monitoring visits to migrant holding centres at any time, while representatives of civil
society organizations can gain entry subject to prior authorization. The Committee has
received other reports of violence and abuse by immigration officials, including extortion,
against persons detained in migrant holding centres and their families and friends (arts. 11
and 16).
49.
The State party should:
(a)
Review its legislation with a view to repealing the provisions of the
Migration Act that require the mandatory or automatic detention of undocumented
migrants and asylum seekers;
(b)
Refrain from detaining undocumented migrants and asylum seekers for
prolonged periods, use detention only as a measure of last resort and for the shortest
period possible, and continue using non-custodial measures;
(c)
Establish a reasonable legal time limit for the administrative detention of
undocumented migrants and asylum seekers who lodge administrative or judicial
appeals;
(d)
Ensure that minors and families with minor children are not detained
solely because of their status as undocumented migrants;
(e)
Ensure adequate living conditions in all migrant detention centres;
(f)
Ensure that persons held in such centres have access to effective
complaint mechanisms;
14
GE.19-12617
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