CAT/C/75
page 64
302. Without disregarding the obligation of the courts to dispense justice promptly and
effectively, it must be pointed out that there are other bodies that the law also empowers to
monitor and help prevent police officers who engage in torture from going unpunished. The
National Human Rights Commission Act stipulates:
“Article 71. The National Commission may submit a special report when there is
a consistent pattern of acts or omissions which involve evasive conduct or delaying
tactics on the part of the authorities and government officials who should take part or
cooperate in its investigations, notwithstanding the requirements it might have set for
them.
“The National Commission shall report any crimes or offences which the
authorities or government officials in question may have committed, in addition to such
conduct and attitudes, to the competent bodies.
“The National Commission shall also draw the attention of the competent
authorities to offences or crimes which may have been committed by individuals during
its proceedings so that they may be punished in accordance with the relevant laws.
“Article 72. The National Commission shall bring to the attention of the
competent higher authorities any acts or omissions by authorities and government
officials during and in connection with the investigations conducted by the Commission
with a view to the application of the appropriate administrative measures. The higher
authority shall inform the National Commission of the disciplinary measures or penalties
imposed.
“Article 73. In addition to reports on the administrative crimes and offences
which may have been committed by the authorities and government officials in the
course of the investigations conducted by the National Commission, the Commission
may request that the person in charge of the department in question should be publicly or
privately reprimanded, as appropriate.”
303. It is thus to be stressed that exclusive responsibility for instituting criminal proceedings
and prosecuting crimes lies, in accordance with article 21 of the Constitution, with the Public
Prosecutor’s Office which, in the exercise of its functions, has an obligation to monitor and
ensure compliance with the law in the courts under its jurisdiction. The courts must confine
themselves to receiving evidence from the parties, as provided for by law, without making any
effort in favour of or against the accused so as to preserve their impartiality. It is the sole and
exclusive responsibility of the courts to impose penalties.60
Comments on the recommendations
304. With regard to the recommendation made in paragraph 220 (a), the report concludes that
the large number of exceptions to the constitutional guarantee requiring a warrant before an
arrest can be made is a factor which explains why torture continues to be practised in Mexico.
The exceptions to these guarantees are detentions under the heading of flagrante delicto and in
pressing cases.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents