143.The Subcommittee urges that the State party strengthen, urgently and systematically, supervision of the conduct of
police officers. Abuses of power should be dealt with strictly.
144.The delegation received abundant, solid and consistent evidence from all sources consulted and from interviews, on the basis of
which it concludes that detainees are at highest risk of torture or cruel, inhuman or degrading treatment in their dealings with the Office
of the Public Prosecutor — as the entity responsible for preliminary investigation of crimes — particularly during the first 48 hours of
detention. This finding was confirmed by the statistics on complaints made to the state human rights commissions, as well as by
various reports reviewed by the delegation. The Subcommittee is concerned at the fact that current criminal procedural law
establishes the pre-eminent evidentiary character of statements made by an accused person to the public prosecutor, which leads to
the use of threats in order to obtain confessions and information in connection with criminal investigations and the use of methods that
violate the integrity of the person, including physical and psychological torture of those accused.
(h)Observations
145.Members of the delegation noted that at most of the detention facilities visited recent improvements have been made, which the
Subcommittee welcomes as one of the basic needs for ensuring that detainees are held in healthier and more dignified conditions. The
Subcommittee regrets, however, that a budget has not been allocated in all detention facilities for the feeding of detainees during the
period prescribed by law, as a result of which this responsibility is assumed by the families of detainees if they have had the
opportunity to contact their families. The delegation witnessed this situation clearly in the detention facility maintained by the Office of
the Attorney-General in Monterrey, known as “Gonzalito”, where the authorities themselves acknowledged the problem.
146.However, although most of the detention facilities had cameras, according to the information received by the delegation during its
visit, it is not necessarily in the cells where situations that may pose a risk to the physical or psychological integrity of detainees occur.
Many people interviewed were consistent in indicating that detainees were often transferred from one place to another, sometimes in
vehicles, and were subjected to ill-treatment while they were being moved. Members also heard testimony from people who said they
had been moved to administrative offices after hours, at which time they were allegedly subjected to abuse. Members of the
delegation were struck by the similarities in the descriptions of methods of torture or cruel or inhuman treatment by people who
reported such acts in the various states. The techniques used included attempted suffocation by forcing water up the nose, covering
the face with plastic bags, placing cloths soaked in water over the face while applying electric shocks to other parts of the body,
striking the testicles with a baseball bat partially covered with cloth and holding people in cells at low temperatures without blankets
or covers.
147.The Subcommittee wishes to register its profound concern at having found, in the municipal jail in Alamey, Monterrey, a baseball
bat – which, according to the testimony heard from people who reported being victims of torture, is one of the instruments most
commonly used in committing such acts. The baseball bat, which had dirt stains on it, was not labelled, nor was it in the room where
belongings of detainees were kept, but rather was in an office. The members of the delegation asked repeatedly for an explanation
from the persons in charge of the institution, but received several conflicting versions. At the jail itself, members of the delegation
heard from several detainees that, the night before, a person had been given a beating in the early hours of the morning in a cell that
apparently was used to store blankets. On the floor of that cell, members of the Subcommittee observed some socks with stains on.
3.Military prisons
148.The delegation visited Military Prison No. 1 in the Federal District. During the visit, members were able to examine the
infrastructure of the facility and assess general detention conditions there. The staff of the facility did their utmost to cooperate with the
Subcommittee delegation and were willing to provide any information that might be relevant to the purposes of the visit.
149.At the time of the visit, 441 inmates were being held in the facility, which has a capacity of 840. The prison had a library, tennis
court, Catholic church and Protestant chapel. In general, members of the delegation found the facility to be well-maintained.
150.With respect to records, delegation members found that the process followed during prisoner intake met the relevant standards.
Similarly, members of the delegation were able to observe the procedure followed in the institution with regard to medical reports and
found these reports to be in order.
151.According to the inmates interviewed and the information received during the visit to the military prison, prisoners receive
medical attention whenever they request it. They also undergo periodic medical check-ups.
152.Members of the delegation did not receive any complaint of mistreatment from the prisoners interviewed. The delegation
examined the conditions of detention, including disciplinary sanctions, and noted no irregularities, owing to some extent to the
knowledge of and respect for internal rules on the part of the military prisoners held in the facility.
153.The delegation was pleased to see that prisoners had access to facilities for various leisure activities, such as painting and
craftwork. The items they produce are then offered for sale.
154.Members of the delegation heard some complaints about the quality of the food served in the facility. The prisoners were
provided with meals prepared fresh daily. However, many of those interviewed indicated that they consumed food provided by their
families or food purchased at the prison shop. Members of the delegation received some complaints about food prices in the prison
shop.
155.Female prisoners were held in a separate building comprising four apartments. At the time of the visit there were 5 women in this
area, which had capacity for 16. The delegation found the conditions of detention to be optimum. Each apartment had a bedroom
with two beds; a table; a small television; a small, furnished living room; a dining table and small kitchen; and a bathroom with shower,
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