CAT/C/75
page 57
human rights protection units in the substantive departments of his Office and establishing
guidelines for human rights inspections. (Circular C/003/2001 and decision A/068/02 are
annexed.)
265. On the basis of this institutional human rights guidelines and management
programme, 100 per cent of the 243 complaints filed have been dealt with.
Role of Public Prosecutor’s Office officials
266. Paragraphs 146 and 148 refer to CNDH recommendation No. 9/2001 on the case of
Mr. Mateo Hernández Barajas. Here it should be pointed out that the recommendation
concerned is 12/2001, not 9/2001. As paragraph 148 puts it, CNDH reported that “the physician
attached to the Attorney-General’s Office […] had violated the human rights of a detainee
(Mr. Hernández) by producing ambiguous medical reports … making it difficult to establish the
manner or time in which they had been produced, and by failing to classify the injuries”.
267.
Attention is drawn to the following:
•
On the basis of recommendation No. 12/2001, the Office of the Attorney-General
launched preliminary investigation No. 759/DGPDH/2001 against several of its
officials for probable abuse of authority, of which Mr. Mateo Hernández Barajas was
the victim;
•
In the course of this inquiry the Federal Public Prosecutor’s Office ordered a number
of expert evaluations (copies attached);
•
When the investigation was completed, the Federal Public Prosecutor’s Office
instituted criminal proceedings against three Federal investigation officials for
probable abuse of authority and illegal house search;
•
The alleged offence of torture or ill-treatment of Mr. Mateo Hernández Barajas was
not proven. When the decision to institute criminal proceedings in connection with
investigation No. 759/DGPDH/2001 was sent to CNDH, it did not object and, in
official document No. 15318 of 3 July 2002, it listed recommendation No. 12/2001 as
having been satisfactorily implemented;
•
The Office of the Attorney-General considers that the case of Mr. Mateo Hernández
Barajas should not be regarded as one “where the attitude of the medical experts
assigned to prosecutors’ offices to prevent and certify torture is not appropriate”.
268. With regard to the training programme for staff of the Office of the Attorney-General in
the prevention and eradication of torture, the Office took the initiative of preparing a “medical
report on possible cases of torture and/or ill-treatment” with a view to preventing and
investigating cases of alleged physical and psychological torture and cruel, inhuman or
degrading treatment or punishment. This “Model Guide” was submitted as a working paper to
the National Coordinator for Technical Cooperation between the Office of the United Nations
High Commissioner for Human Rights and the Government of Mexico.
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