came from people being held under arraigo. The delegation was truly taken aback at the level of police brutality that delegation
members heard about during interviews with arraigo detainees. The Subcommittee wishes to remind the State party that it has an
obligation to ensure no detainee is subjected to ill-treatment, regardless of the type of detention in question.
237. The Subcommittee wishes to remind the Mexican authorities that detainees entering a place of detention should be
fully informed and advised about their rights and duties and the conditions of their detention, and they should be treated
humanely, with respect for their dignity.
238.The Subcommittee is of the view that the practice of arraigo may be conducive to torture owing to the lack of
supervision and to the vulnerability of individuals held under arraigo, whose legal status is unclear and therefore their
ability to exercise their right to defence is compromised. The Subcommittee recommends the adoption of legislative,
administrative and any other needed measures to ensure that the practice of arraigo does not create situations that may
result in cruel, inhuman or degrading treatment.
D.Situation of vulnerable groups deprived of their liberty
239.The Subcommittee wishes to make some comments concerning the impressions that the delegation received about the situation
of vulnerable groups deprived of their liberty. As mentioned above, the delegation did not visit any migrant detention centres for
logistical reasons and because it took into account the recent visit of the Special Rapporteur on the subject.
240.Members of the delegation interviewed children, adolescents, women and members of indigenous communities in the course of
the visit. Although the observations on conditions of detention set out in the section on places of detention above also apply to these
vulnerable groups, the Subcommittee has decided to devote this section of the report to such groups precisely because of their
vulnerable situation. The Subcommittee is concerned that these groups may be at particularly high risk of torture and cruel and
inhuman treatment and recommends that the State party step up its efforts to ensure that the rights of these people are respected.
1.Children and adolescents
241.The Subcommittee has taken note of the recent constitutional reform relating to children and adolescents, implementation of
which has been under way since 2005, and is aware that, in the framework of that reform, the various states are implementing the
Convention on the Rights of the Child and creating special juvenile courts. The Subcommittee welcomes these efforts, which should
be accompanied by training and, most importantly, raising of awareness about proper treatment and the proper application and
interpretation of the law in accordance with the principle of the best interests of the child.
242.The delegation visited various places where minors were detained. The delegation members believe that the juvenile detention
centre in Oaxaca is a good example of the proper way to run a juvenile facility. The delegation members were very impressed not
only with the quality of the facilities and the staff of the institution, but also with the holistic and humane treatment accorded the minors
detained at the centre. The staff were trained and sensitized with regard to the treatment of minors deprived of their liberty. The
delegation members noted that the centre offered programmes and activities tailored to the needs and abilities of each of the minors in
custody. They were very well cared for, the physical conditions were optimal and the minors could participate in a variety of cultural
and leisure activities, all of which the delegation was very pleased to note.
243.Members of the delegation interviewed several of the minors, which confirmed their impressions of the centre. The
Subcommittee wishes to recommend that the State party take steps to strengthen this centre in order to ensure its
sustainability and also to ensure that it can serve as a model for other places of detention for minors.
244.In other detention centres, however, members of the delegation found severe weaknesses with regard to staff
sensitivity to the needs of minors. At the central detention facility of the Office of the State Attorney-General of Jalisco,
the delegation members interviewed a person claiming to be a minor who was in the process of being placed under the
responsibility of the ordinary criminal justice authority, as a result of which the individual would have been sent to an
adult prison. It was explained to the delegation that when there is doubt about the age of a detainee medical reports are
used to determine the person’s presumed age. The delegation observed that these medical tests are not carried out in
the best interests of the child. Their inaccuracy (the centre’s physicians themselves acknowledged that the average
margin of error is three years) places minor detainees in a position of even greater defencelessness and often has dire
consequences, such as the transfer of a minor to an adult detention facility. The delegation members discussed these and
other issues with medical staff from the Attorney-General’s Office and concluded that there is a pressing need to
strengthen awareness with regard to the situation of minors deprived of their liberty. The Subcommittee urges the State
party to intensify efforts to ensure the effective implementation of the international instruments relating to children and
adolescents to which Mexico is a party.
245.In the same facility there were three minor detainees who had not been able to telephone family members, not even
to let their families know where they were. Officials at the facility, when asked, justified this situation by explaining that,
among other reasons, “calls cannot be made to mobile phones”. In addition, members of the delegation found that these
three minors had not been fed properly. All three were in a very small room with the remains of food they had been given
in the morning. One of them told the members of the delegation how concerned he was that his family did not know that
he was under arrest at the facility. The Subcommittee wishes to remind the State party that, in accordance with
international standards, parents must be informed of the arrest, transfer, release, illness, accident or death of a minor
child.
246.It was at the juvenile detention and rehabilitation centre (Centro de Internamiento y Adaptación) in Monterrey that members of
the delegation were most negatively impressed. The delegation can only rate the treatment received by minors in this facility as cruel,
inhuman or degrading. They were locked into cage-like enclosures all day, with no opportunity to engage in any kind of physical,
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