commensurate with the gravity of that crime. In all cases the definition should also cover torture committed by private individuals acting with the consent or acquiescence of the State. The Subcommittee strongly recommends that all necessary legislative, administrative and other measures be taken in order to bring primary and secondary legislation into compliance with the international treaties on torture. The Subcommittee further recommends the establishment of penalties that are commensurate with the seriousness of this offence so that it is not put on the same level as injury or similar offences. This revision of the legislation should be accompanied by adequate training and awareness-raising programmes for judicial, police and prison officials on the proper way to classify and investigate allegations of torture so that investigation processes do not lead to the classification of torture as a lesser offence. The Subcommittee urges the State party to take into account the conclusions and recommendations of the Committee against Torture with regard to its domestic legislation. 3.Application and interpretation of the law 58.The delegation identified, through interviews with staff of institutions and other key people in the course of the visit, some weaknesses in the way justice officials, especially staff of the offices of the state and federal attorneys-general and the public defenders, are applying and interpreting the rules of legal procedure and due process relating to the right to defence and, therefore, to situations in which the personal safety of persons accused of crimes is threatened. Throughout this report practical examples are provided, with reference to situations observed by the delegation during its visit. The Subcommittee urges the State party to encourage the state legislatures to develop a regulatory framework for implementing the reforms currently under way in order to ensure that statements by detainees charged with any criminal offence are taken by the appropriate judicial authorities, not by prosecuting authorities. The Subcommittee also recommends that, along with the ongoing reform of the criminal justice system, a training and awareness component should be developed and implemented, with content relating to the right to defence and due process as means of preventing and protecting against torture and ill-treatment of accused and convicted persons deprived of their liberty. The Subcommittee urges the State party to expedite the process of constitutional reform in accordance with the suggestions made here and requests that it keep the Subcommittee apprised of its progress. 59.During the visit members of the delegation observed that the application and interpretation of the legal provisions concerning guarantees of due process in the area of criminal investigation, which may affect the physical and mental integrity of the accused, were restrictive and not favourable to the person potentially affected. This was evident in acts and practices that infringed the presumption of innocence and interfered with defence mechanisms. The same was observed in relation to the manner in which evidence is evaluated in respect of the rights of children and adolescents. 60.To illustrate, in various states the delegation observed minors in jails maintained by the public prosecutor’s office. In the absence of documentation and acknowledgement by the minor of their minor status, and in the absence of birth records — which could have been obtained without much difficulty — the authorities of the public prosecutor’s office ordered a medical opinion of presumed age, which was highly inaccurate and yielded ages with a margin of error of plus or minus three years with respect to the age of majority (18). The delegation also observed that, contrary to the principle of “the best interests of the child”, the individuals’ ages were generally presumed to be at the higher end of the possible range and they were deemed to be adults. Such persons were therefore turned over to adult detention facilities, with all the attendant risks. The delegation had the opportunity during the visit to discuss the matter with doctors and specialists in this area, who admitted that this type of evidence (average age) is rarely reliable and that it was indeed contrary to the interests of the presumed minors. The Subcommittee wishes to register its concern about this situation, which is examined in greater detail below in the section dealing with minors deprived of their liberty. 61.There are other situations that reflect an interpretation and evaluation of the evidence and a reversal of the burden of proof contrary to the principles of due process, which put detainees in a position of vulnerability and defencelessness and violate the principle of innocence – all of which represents a risk of torture and ill-treatment of such persons. Throughout this report specific examples of such situations observed by the delegation during the visit are cited. 62.The Subcommittee delegation heard from various sources that the widespread impunity enjoyed by perpetrators of abuse is a major factor in the continued use of torture and other ill-treatment. As noted above, the Subcommittee would like to stress how important it is for the State party to develop a policy that transmits a clear and direct message denouncing such conduct, which should be condemned by all administrative, disciplinary and criminal means. 63.A related issue that the delegation members observed — which may render potential victims even more defenceless — is the absence of independent experts in investigation and documentation of torture, as a result of which government experts become both judge and jury. Public prosecutors have been implementing the Istanbul Protocol, in the context of which they have recognized experts as witnesses, thereby detracting from the independence that should characterize such evidence, which should be purely expert in nature, not opinion evidence. B.Institutional framework 1.The national and local human rights commissions 64.The delegation held meetings with representatives of the National Human Rights Commission, the Human Rights Commission of the Federal District and the state human rights commissions of Jalisco, Nuevo León and Oaxaca. Delegation members were briefed on the mandate and legal framework of these bodies and were able to examine current practices and potential problems that their representatives had identified in their respective areas of work. 65.The Subcommittee wishes to point out that the delegation members were unfavourably impressed by the fact that, although the delegation had requested an appointment in advance, the staff of the State Human Rights Commission of Nuevo León who received