E/CN.4/2000/9/Add.1
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Commission. In addition, ACAT drew attention to the recommendation by the Special
Rapporteur on torture concerning the probative value that should be accorded to the
investigations carried out by these bodies. Lastly, it proposed that article 3 of the Law on the
prevention and punishment of torture should be reformulated so as to take into account injuries
consisting in the “neutralization of the personality of the victim and the diminution of his
aptitudes without causing physical or psychological pain”, and recommended the action that
should be taken immediately by the judge if a suspect says that his statement was obtained by
torture.
68.
In its letter of 15 March 1999, the Government provided information on the individual
cases that the Special Rapporteur had included in his report on his visit to Mexico
(E/CN.4/1998/38/Add.2, annex). Its replies are summarized in the following paragraphs.
69.
Amado Hernández Mayorga and Andrés Álvarez Gómez were allegedly arrested and
tortured by members of the Public Security Police on 27 January 1997 in the community of
Lázaro, Sabanilla. The Government stated that no complaint had been lodged and that it had
found no reference to this matter in the files of the National Human Rights Commission or the
Human Rights Commission of the State of Chiapas.
70.
Gonzalo Rosas Morales was allegedly arrested on 8 March 1997 and tortured by
Judicial and Public Security Police forces in Palenque, State of Chiapas. In agreement with the
Government, an inquiry was opened into the case of Gonzalo Rosas Morales by the
Human Rights Commission of the State of Chiapas which submitted a recommendation
on 20 October 1997. After being challenged, the National Commission confirmed the
recommendation on 8 July 1998.
71.
Mariano Pérez González, Mariano González Díaz and Pedro González Sánchez were
allegedly arrested on 14 March 1997 in the indigenous community of San Pedro Nixtalucum,
State of Chiapas, together with about 20 other persons, and subsequently tortured by members of
the State Judicial Police. According to the Government’s report, elements of the Public Security
Police arrived in the community of San Pedro Nixtalucum on 14 March 1997 because a group of
unknown persons had assaulted four persons. After arresting the suspects the police were
ambushed, as a result of which 4 of their number were injured, 3 of the group of aggressors were
left dead and 27 persons were arrested, among them Manuel Pérez González. Criminal
proceedings were brought against 23 other persons. An investigation was launched by the
Human Rights Commission of the State of Chiapas into allegations of ill-treatment but the
representatives of the group of persons arrested stated that they did not want the Commission to
take action since they had their own lawyer. As regards Mariano González Díaz, an
investigation was launched on 12 May 1997 by the Human Rights Commission of the State of
Chiapas, which referred the case to the National Human Rights Commission in August 1997.
72.
Domingo Gómez Gómez, aged 21, was allegedly arrested and tortured by members of the
State Judicial Police on 18 July 1997 in San Cristóbal de las Casas, State of Chiapas, as the
person responsible for the disappearance of two persons. The Government stated that the
National Human Rights Commission had initiated an investigation on grounds of arbitrary
detention, attacks against private property and injury. The investigation came to an end
on 31 July 1998 because the complaint was withdrawn.
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