CAT/C/MEX/CO/7
the Committee either with updated statistical information on the number of cases of
enforced disappearance that remain unresolved and the number of human remains that have
still not been identified or with the information requested on progress in the investigation
into the disappearance of 23 persons in May 2018 in Tamaulipas, allegedly at the hands of
federal police officers (arts. 2, 12, 13 and 16).
29.
The Committee urges the State party to:
(a)
Ensure that cases of enforced disappearance are investigated promptly,
effectively and impartially, the alleged perpetrators are prosecuted and those found
guilty receive appropriate punishment, and that all victims, including all persons who
have suffered direct injury as a consequence of an enforced disappearance, are
provided with an effective remedy, including appropriate compensation. In this
connection, the Committee reiterates its request for information on the investigation
into the disappearances in Tamaulipas in May 2018;
(b)
Ensure the efficient operation of the National Missing Persons System,
including the electronic records and search tools envisaged under the General Act on
Enforced Disappearance of Persons. It should also endow the National Search
Commission and local missing persons commissions with sufficient resources to
guarantee their effective operation;
(c)
Urgently address the issue of unidentified human remains, strengthening
State capacity in this area by establishing agencies endowed with sufficient resources,
so that all human remains found may be returned to their respective families.
Law enforcement and security
30.
According to the explanations offered by the delegation regarding the armed forces’
involvement in security operations to combat organized crime, for the time being, the State
party does not consider it possible to relieve the army of its current duties in the field of
security. The Committee expresses its concern in this regard, as well as about reports
alleging grave human rights violations, including torture, committed by military officers
during operations of this kind. The Committee takes note of the recent establishment of the
National Guard – a new civilian law enforcement agency that will replace the Federal
Police – but is concerned that a military officer who is about to retire has been appointed as
the new agency’s chief of operations. It is also concerned about the lack of clarity regarding
the rules applicable to the use of force and the identification of members of the security
forces and their vehicles (arts. 2, 12, 13 and 16).
31.
The State party should:
(a)
Ensure that all complaints of excessive use of force, especially lethal
force, by law enforcement and military personnel are promptly and impartially
investigated, that the suspected perpetrators are prosecuted and, if found guilty, are
punished in a manner commensurate with the seriousness of their actions, and that
the victims or their families receive full redress;
(b)
Publish the numbers of persons killed, injured or detained during law
enforcement operations;
(c)
Ensure that law and order is maintained, to the greatest extent possible,
by civilian rather than military authorities. It should also guarantee that the National
Guard is under civilian command in order to preserve its independence;
(d)
Adopt the national legislation on the use of force envisaged under article
73 (XXIII) of the Constitution, in accordance with the content of the Basic Principles
on the Use of Force and Firearms by Law Enforcement Officials;
(e)
Take the measures necessary to ensure that members of the security
forces can be properly identified at all times during the exercise of their duties.
GE.19-12617
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