E/CN.4/2000/9/Add.1
page 12
55.
Regarding street children in particular, the Plan of Action for the Prevention and Care of
Street Children and Adolescents was used as a means of raising social awareness. The office of
the First Lady of the Nation, inspired by the World Health Organization model, was running a
project entitled “Analysis and Improvement of the Living Conditions of Street Children”.
Act No. 418 of 1997 approved the Good Citizenship Code, which completely revolutionizes the
relationship between the public and the police, decriminalizing anti-social behaviour now
considered to be a simple misdemeanour, and changing current thinking to highlight the
preventive, reformist side of the Code over its punitive aspect.
Mexico
Follow-up to the recommendations by the Special Rapporteur on torture contained in the report
on his visit to the country in August 1997 (E/CN.4/1998/38/Add.2)
56.
Following his visit to the country from 7 to 16 August 1997, the Special Rapporteur
submitted a number of recommendations to the Mexican Government with a view to correcting
the problems observed during his visit (E/CN.4/1998/38/Add.2, paras. 71-84). Unfortunately,
the Government has not provided information on the measures it has taken to follow up and
implement these recommendations although it has transmitted to the Rapporteur information on
cases of torture being dealt with by various bodies, the investigations carried out and their
results, and replies on individual cases mentioned in the report and summarized below.
57.
In its letter of 12 January 1998, the Mexican Government transmitted to the Rapporteur
information provided by the Federal Judicature Council on 15 cases of torture which were
tried between 1995 and 1997. The results of these trials were 10 condemnations
and 4 acquittals; 2 cases were at the pre-trial proceedings stage. It noted that few cases of torture
were brought before the federal courts, possibly because of: a general decline in the number of
such cases in the country since the entry into force of the Federal Law of 27 December 1991 on
the prevention and punishment of torture; the restrictive definition of the offence of torture, in
that proof of intent to torture with a view to obtaining a confession and proof that the victim has
suffered serious injury has to be provided; the sophistication of new methods of torture which do
not leave physical evidence; the difficulty of providing evidence; the fact that the victims do not
know how to have their rights enforced; fear on the part of the victims; and lack of confidence in
the administration of justice.
58.
In its letter of 12 February 1998, the Mexican Government provided information on: the
number of recommendations (18) received and recorded by the Office of the Attorney-General of
the Republic since the establishment of the National Human Rights Commission concerning
allegations of torture; the number of persons (54) who have been charged with the offence of
torture as a result of such recommendations, together with details of the charges; how many of
these persons (6) have been sentenced; and the number of arrest warrants (6) executed in
connection with the offence of torture by the Office of the Attorney-General of the Republic. It
also provided information on the stage reached in preliminary investigations of allegations of
torture carried out pursuant to the recommendations.
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