CAT/C/75
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commissions refer to cases of this type, which are frequently classified as “excessive use of
force”, “abuse of authority”, or simply “bodily injury”. As already stated with regard to the
Tamaulipas Human Rights Commission,28 the Committee members consider that many such
cases might constitute torture as defined in article 1 of the Convention.
163. The Tamaulipas Human Rights Commission stated the following in its annual report
for 1999: “As far as police officers on patrol are concerned, arbitrary detentions continue to be
common practice, generally accompanied by harassment, insults, blows or threats. Alleged
offenders may expose themselves to such unlawful treatment simply by asking on what grounds
they are being detained.”29
164. The Director of Public Security of the Federal District told the Committee members that
the Federal District Human Rights Commission had transmitted to it 23 complaints of abuse of
authority and injury for investigation and action since the beginning of the year. The Committee
members were provided with copies of the complaints. Following are some examples:
“On 7 February 2001 the petitioner lodged a complaint against the members of
Department of Public Security patrol No. 02087 for abuse of authority, theft, etc., stating
that one of them used a pole to force him out of the taxi which he was driving and struck
him in the right ear, knocking him to the ground and breaking his glasses, and that when
a wallet containing $370 fell out of his shirt pocket the police officer took the money;
once he was on the ground the police officer kicked him twice in the testicles and twice
in the abdomen.”
“On 14 May 2001, at approximately 2.30 p.m., he was in his shop in the
Iztapalapa municipal district, accompanied by his brother [R.M.C.], who was inside the
shop drinking a beer, when three police officers from the Federal District Department of
Public Security arrived and, abusing their authority, beat and kicked his brother, forced
him into patrol car No. 27042 and took him off to places unknown. When he tried to
intervene to prevent the detention he himself was threatened with bodily injury by the
police. At about 11.30 p.m. that day he received a telephone call from someone claiming
to be a Red Cross paramedic, who told him that his brother was at the corner outside the
44th Investigation Bureau (...); going there, he found his brother beaten and bleeding.
His brother was transferred to the Red Cross offices in Polanco, where he currently
remains, having sustained several fractured ribs, a collapsed lung and several internal
haemorrhages; his condition is listed as serious. His brother told him that after picking
him up, the police patrol went on beating him and took him to a dark room in the
44th Investigation Bureau, where they again beat him, but flung him outside at the corner
when they saw he was having difficulty in breathing and was about to faint.”
4. Torture in prison
165. The third context in which torture is used is that of punishment in prison. For example,
Committee members received information about treatment meted out to inmates of the
Nuevo León State CERESO, which resulted in National Human Rights Commission
recommendation 42/99. Among its comments the Commission stated the following:
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