CAT/C/GTM/CO/5-6
whole, besides implementing the precautionary measures. It also takes note of the
delegation’s statement that the hospital does not admit children, contrary to the reports the
Committee received to this effect (arts. 2, 11, 12 and 16).
The Committee encourages the State party to step up its efforts to tackle the issue of
mental health comprehensively. In addition, it recommends that the State party
ensure that people admitted to Federico Mora National Mental Health Hospital are
treated properly, and particularly that they receive appropriate medical care, and
that complaints of their ill-treatment and abuse are investigated promptly and
impartially, and that the alleged perpetrators are tried and punished in accordance
with the seriousness of their acts. The Committee urges the State party to ensure that
ordinary patients do not share wards with persons who have been deprived of their
liberty and that persons in pretrial detention are separated from convicted prisoners.
It also urges the State party to ensure that there are no minors in the hospital and that
any children who might be there are separated from adults. The Committee urges the
State party to take effective measures to guarantee full and prompt compliance with
the precautionary measures requested by the Inter-American Commission on Human
Rights (PM 370/12 – 334 Patients at the Federico Mora Hospital).
Lesbian, gay, bisexual and transgender community
22.
While noting the delegation of the State party’s statement that the problem is now
being tackled, the Committee is concerned about reports of discrimination against lesbian,
gay, bisexual and transgender persons (arts. 2, 10, 12, 13 and 16).
The Committee recommends that the State party adopt effective measures to protect
lesbian, gay, bisexual and transgender persons from any discrimination or aggression,
and ensure that all cases of violence are promptly, effectively and impartially
investigated, tried and punished, and that victims obtain appropriate redress. The
Committee refers the State party to section V, on “Protection for individuals and
groups made vulnerable by discrimination or marginalization”, of its general
comment No. 2 (2007).
National preventive mechanism
23.
The Committee welcomes the adoption in October 2010 of Legislative Decree No.
40-2010 establishing the national mechanism for the prevention of torture and other cruel,
inhuman or degrading treatment or punishment. However, it notes with concern that the
mechanism is still not operational (art. 2).
The State party should speed up the implementation of the law establishing the
national preventive mechanism by promptly appointing its members and should
ensure that these appointments comply fully with the relevant provisions of the
Optional Protocol to the Convention. The State party should also ensure that the
mechanism has the necessary resources to fulfil its mandate independently and
effectively throughout its territory.
Training
24.
The Committee takes note of the information supplied by the State party on training
activities in the field of human rights and the prohibition of torture for staff of the National
Civil Police and the prison service, but regrets that it has received no detailed information
about programmes for other State employees related to the prohibition and prevention of
torture. It also observes that no information has been provided about the impact of training
activities on the incidence of torture and ill-treatment (art. 10).
GE.13-44736
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