CAT/C/75
page 48
should also allocate the resources needed to make both quantitative and qualitative
improvements to the public defence counsel services, which should be organized as public
bodies, independent of any Federal or State authority and with constitutional and operational
autonomy;
(f)
Legal provision, binding both in Federal and ordinary law, should be made for the
mandatory exclusion from the body of evidence of all statements and evidence obtained by
torture or similar coercive methods;58
(g)
The application of military law should be restricted only to offences of official
misconduct and the necessary legal arrangements should be made to empower the civil courts to
try offences against human rights, in particular torture and cruel, inhuman or degrading
treatment, committed by military personnel, even when it is claimed that they were
service-related;
(h)
A special prosecutor’s office, autonomous and independent of the executive
branch, should be established to carry out preliminary investigations into any complaints alleging
violation of the human rights set forth in treaties ratified by the State; it should have national
jurisdiction, regardless of whether the final judgement is to be handed down by the Federal or
ordinary courts;
(i)
In general, efforts should be made, through any necessary legal reforms, to
modify the markedly inquisitorial methods used in criminal proceedings, and particularly in
the initial stages of the preliminary investigation. Such reforms should aim to institute a
genuinely open, transparent accusatory procedure that includes appropriate mechanisms to
maintain the necessary balance of powers and rights among the various parties to criminal
proceedings - judges, public prosecutors, victims and accused, counsel and police - and control
mechanisms and resources to correct any violations;
(j)
Steps should be taken to ensure that medical experts are completely independent
of the Public Prosecutor’s Office. The forms used by medical experts should be changed to
enable information to be included on how, when and by whom injuries were caused. They
should also include the expert’s assessment of the consistency of the injuries observed with the
causes of injury alleged by the person being examined;
(k)
In all cases in which a person alleges torture, the competent authorities should
initiate a prompt, impartial inquiry that includes a medical examination carried out in accordance
with the Istanbul Protocol.
VII. ADOPTION OF THE REPORT BY THE COMMITTEE,
AND FOLLOW-UP TO THE REPORT
221. At its twenty-eighth session (29 April-17 May 2002), the Committee endorsed the report
by the two members responsible for the investigation who visited Mexico. It also decided to
transmit the report to the Mexican Government, in accordance with article 20, paragraph 4, of
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