CAT/C/75 page 60 IV. LEGAL MECHANISMS OFFERING PROTECTION AGAINST TORTURE, AND HOW THEY OPERATE The prohibition of torture in Mexican legislation 280. With regard to the information contained in paragraph 173 of the report, in particular the compilation by the Office of the Attorney-General on the Federal entities which have defined torture as a crime, it should be noted that only the State of Yucatán does not yet have legislation on the subject. 281. As far as article 133 of the Constitution is concerned, the Government of Mexico wishes to inform the Committee that a proposed constitutional amendment was drafted as part of the machinery for dialogue of the Interdepartmental Commission to Monitor Mexico’s International Human Rights Commitments. The purpose of the proposal is to give international provisions on the protection of human rights, including protective provisions contained in various instruments referring specifically to human rights, especially international humanitarian law and refugee law instruments, constitutional status by means of an amendment to article 133 of the Constitution. 282. The purpose of the amendment is to give precedence to the human rights embodied in international treaties, since such treaties generally offer better protection than the provisions of internal law. The general rule requiring a court order before detention, and exceptions to it 283. The Government of Mexico considers that there is some confusion in paragraph 178 of the report, which states: “If the grounds advanced for detention consist in suspected involvement in organized crime, the deadlines are doubled, even if, ultimately, the accused is charged in the indictment with an ordinary offence.” 284. The doubling in Mexican legislation of the 48-hour period corresponds to the time limit for detention on the authority of the Public Prosecutor’s Office in the case of organized crime and not, as stated in paragraph 178, to the time limit during which a crime may be followed up under the heading of flagrante delicto; under flagrante delicto arrests may be made without a warrant for up to 48 hours after a crime is committed, since this is what article 193 of the Code of Criminal Procedure says and there is no provision for an extension of this time limit. V. CONCLUSIONS AND RECOMMENDATIONS 285. The Government of Mexico once again expresses its willingness to follow up the Committee’s recommendations and take all necessary steps to do so promptly, not only in order to fulfil its international obligations but, in particular, because it believes this is a legitimate and effective way of encouraging the domestic changes necessary to guarantee the full implementation of human rights in Mexico.