medical exam that took about a minute. This practice does not allow the doctor to establish real contact with detainees, who only had
the opportunity to answer some specific questions about their health. As a result, the examining doctor can easily miss injuries that are
not visible on the face or hands, and the detainee has limited opportunity to voice complaints of ill-treatment. Detainees were unable
to communicate information about any kind of abuse suffered, and medical personnel could easily overlook injuries that might be
considered out of the ordinary. The delegation noted that such situations have serious consequences for detainees who later wish to
complain about mistreatment by police officers. As mentioned above, some members of the delegation were told confidentially by
medical personnel that in some cases it was not possible to conduct an impartial medical evaluation and that medical professionals
had been given orders about what should and should not be included in the medical report. The Subcommittee wishes to register its
concern about this situation, which represents a real obstacle to the prevention of torture.
136. The Subcommittee urges the Mexican authorities to ensure the impartiality of the work of medical professionals
who are asked to provide an expert opinion. In addition, the Subcommittee recommends that the State party ensure that
medical examinations are carried out in accordance with the principle of doctor-patient confidentiality: no one other than
medical personnel and the patient should be present during the examination. In exceptional cases, if the doctor considers
that a detained person poses a danger, special security measures, such as the presence of a police officer nearby, can be
taken. Except in such situations, police officers should not be within hearing or sight of the place where the medical exam
is performed. The Subcommittee believes that all persons detained by the police should be examined by a medical
professional at the earliest opportunity.
137.The Subcommittee wishes to make some comments on certain situations that members of the delegation found to be of concern
during their visit to the country. Although the issue of arraigo (pre-charge detention) is addressed in a separate section in this report,
in relation to medical records and the considerations raised here about medical opinions, at the federal pre-charge detention centre in
Mexico City the delegation noted that, according to the medical records, about half the detainees had injuries of recent origin when
they arrived at the facility. The number of injuries and their distribution all over the body reflected in the medical records confirmed
the statements made by most of the detainees interviewed, who reported that they had been beaten on various parts of their bodies
when they were arrested and had continued to be beaten during transport to the police station. The Subcommittee delegation
examined the records and found a predominance of police brutality and abuse of detainees by officials affiliated with the police force.
The Subcommittee is of the view that the failure by the examining physicians to investigate the origin of the numerous injuries found
represents a serious shortcoming with regard to the preventive aspect of routine medical examinations in the State party and is
therefore an impediment to the prevention of torture.
138.The variation in the number of injuries reported by doctors in different institutions may reflect differences in the pattern of abuse,
but it may also reflect differences in doctors’ reporting practices. The delegation observed that, the State party’s efforts to date
notwithstanding, the effective implementation of the Istanbul Protocol in Mexico warrants special attention.
139. The Subcommittee recommends that all medical examinations of detainees include: (a) a medical history and a
description by the person examined of any acts of violence to which they have been subjected; (b) a record of current
health status, including the presence of any symptoms; (c) the findings of the medical examination, in particular a
description of any injuries found and a note indicating whether the detainee ’ s entire body was examined; (d) the doctor ’
s conclusions regarding the consistency of the preceding three elements.
(g)Reporting of torture and ill-treatment
140.The delegation members noted that in certain locations and at certain times, detainees were at greater risk of being subjected to
acts of torture or ill-treatment. In the course of arrests, for example, some places are out of public view and often are cordoned off
by the authorities, who are empowered both to investigate criminal acts and to charge individuals suspected of being responsible for
committing such acts.
141.The Subcommittee welcomes the installation of video cameras in police facilities and some public prosecution
agencies with a view to preventing cases of torture or ill-treatment. However, these measures should be viewed as only a
small part of the effort that needs to be undertaken in order to prevent any kind of torture or other cruel, inhuman or
degrading treatment. Most of the alleged acts of police brutality reported to the delegation during its visit to the State
party appear to have occurred in the street or in police vans during transportation of detainees to police facilities. Almost
all the detainees who alleged having been subjected to some form of abuse said that these acts took place outside police
facilities. Most of them also reported that they were blindfolded while they were being transported. The delegation
identified sites that matched exactly the descriptions given by persons who reported having been the victims of some
form of violence, such as the old facilities within the complex of the Office of the Attorney-General in Guadalajara. The
Subcommittee recommends that the State party increase police oversight measures in order to ensure that superior
officers carry out their supervisory tasks and keep detailed records of how police officers who make arrests are carrying
out their work.
142.In all the institutions visited, the delegation heard testimony from detainees who alleged that they had been subjected to some
type of physical and/or psychological abuse by police at the time of their arrest or at some time during their detention. The
Subcommittee notes that of all the reports of abuse heard by the delegation during its visit, the most alarming allegations came from
people held under arraigo (investigative or pre-charge detention). At the high-security investigative detention facility in the Federal
District, the delegation heard several accounts of police brutality committed at the time of arrest or during transport to the facility. In
interviews with women held under arraigo, the members of the delegation heard allegations of cruel and inhuman treatment, including
sexual abuse allegedly committed by police officers. In the case of the arraigo detention facility visited in Guadalajara, most of the
detainees interviewed told delegation members that they had been subjected to some kind of cruel, inhuman or degrading treatment
by the police. The delegation’s doctors examined many of the detainees and documented injuries consistent with the allegations made
by those people.
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