E/CN.4/1993/26
page 73
Mexico
Information transmitted to the Government and replies received thereon
310. In a letter of 21 August 1992 the Special Rapporteur forwarded a summary
of complaints received regarding the practice of torture in Mexico and various
individual cases. The Government commented on these cases in a reply
dated 16 November 1992.
Information transmitted to the Government with regard to the practice of
torture in general
311. According to the information received the criminal legislation in force
was amended in February 1991 to prevent abuses of human rights and reduce the
practice of torture. Under the new provisions the courts may not accept
confessions as valid unless they were made before a judge or member of the
public prosecutor's department and in the presence of the accused's lawyer or
other person enjoying his confidence.
312. Notwithstanding this reform the practice of torture seems to be
undiminished. There are undisguised administrative links between the public
prosecutor's office and the police and persons in custody are often brought
before the public prosecutor's office before a judge assumes responsibility
for the case. These links strengthen the possibility that even in the
presence of his lawyer a person in custody may make a false confession out of
fear that he may otherwise be tortured when he is again placed in the hands of
the police.
313. The Special Rapporteur has also been informed that the National Human
Rights Commission's recommendations in cases where members of the governmental
forces are found to have acted improperly have not generally been complied
with or have not been fully applied.
314. The Special Rapporteur has received a report which states that
of 180 prisoners questioned in north remand prison and the Santa Marta
Acatitla penitentiary 163 said they had been tortured by police after being
taken into custody. Women are also subjected to torture, which in their case
is characterized by sexual harassment, rape and threats of harm to children.
315. Torture seems to be practised throughout the country and by police of all
branches. Various methods are used. Electric shocks are applied to parts of
the body, the favoured targets being the genitals, nipples, mouth and eyes.
The prisoner's head is covered with a plastic bag which is tightened until he
is on the brink of suffocation. Alternatively the victim's head may be
immersed in a lavatory with human excrement in it, a septic tank or a water
tank. Mineral water, in some cases with chili added, is squirted into the
nostrils. The victim may be grabbed by the hair and yanked this way and that.
Sexual vexation may be taken to the point of rape or the prisoner may be
frightened by mock executions, threats etc. It is reported that doctors are
often under pressure by officials to produce false medical reports.
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