CAT/C/MEX/CO/7 operation of all special prosecutors’ offices so as to ensure their autonomy, the allocation of adequate resources and the training of their personnel; (g) Ensure that justice officials receive the training necessary to enable them to correctly determine which provision of the Criminal Code is applicable in cases of torture and ill-treatment; (h) Compile and publish statistics on the number of investigations and prosecutions carried out, convictions handed down and penalties imposed in cases of torture or ill-treatment, at both the federal and the state levels. Physical and psychological assessment of alleged torture victims 26. While taking note of the publication, on 5 October 2015, of Agreement No. A/085/15 establishing the institutional guidelines to be followed by staff of the Office of the Attorney General (now Prosecutor General) of the Republic when investigating alleged acts of torture, the Committee is concerned about reports that highlight serious deficiencies in the medical and psychological opinions used for the physical and psychological assessment of alleged victims. Information before the Committee attests to significant delays in their issuance by the medical experts and psychologists attached to the Prosecutor General’s Office and a lack of comprehensiveness in these opinions. These issues create doubt as to the impartiality of those issuing the opinions. Reports indicating that it is still usual practice for the courts to refuse to give evidentiary value to assessments conducted by independent specialized medical experts, contrary to article 37 of the General Act on Torture, are another source of concern. The Committee is also concerned about the fact that investigations are automatically discontinued when the medical and psychological opinions are “negative”, that is, when they do not confirm the allegations of torture (arts. 2, 12, 13 and 16). 27. The Committee urges the State party to: (a) Consider establishing institutes of legal medicine and forensic science that operate entirely independently, based on purely forensic criteria, to assume the responsibilities that the Prosecutor General’s Office currently fulfils in respect of the opinions used in the physical and psychological assessment of alleged torture victims and the accreditation of all medical experts and psychologists who use them; (b) Ensure that all physical and psychological assessments of alleged victims of torture are conducted in accordance with the principles, procedures and guidelines contained in the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol), and that penalties are imposed in the event of irregularities; (c) Continue to ensure that all relevant staff are specifically trained to identify and document cases of torture and ill-treatment in accordance with the Istanbul Protocol; (d) Ensure that the reports of accredited independent medical experts and psychologists are accorded appropriate evidentiary value in practice, in accordance with article 37 of the General Act on Torture. Enforced disappearance 28. The Committee notes the delegation’s announcement of the resumption of work to establish the National Missing Persons System envisaged under the General Act on Enforced Disappearance of Persons and to issue a harmonized protocol on searching for missing persons. With regard to the implementation of the Harmonized Protocol for the Investigation of Offences of Enforced Disappearance of Persons and Disappearance Perpetrated by Individuals, the Committee is concerned that, according to the information in its possession, the draft was not properly discussed with non-governmental organizations prior to its adoption and that civil society deems the consultations to have been insufficient. The Committee regrets that the State party has not replied to reports that allege a lack of diligence in the investigation of cases of enforced disappearance and question the efficacy of existing forensic identification mechanisms. The State party has also failed to provide 8 GE.19-12617

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