CAT/C/75
page 71
329. However, most public prosecutors’ offices and courts do not yet have a corps of
interpreters who can immediately help give effect to this right, and the situation is even more
complicated when indigenous persons are detained outside their communities of origin. In
addition, the wide variety of indigenous languages and variants thereof spoken in the country
often makes it difficult to find the right interpreter. To determine how well this safeguard is
really respected would require a national survey indicating percentages, frequency and
arrangements for the use of interpreters.
330. With regard to the recommendation made in paragraph 220 (g) to restrict the application
of military law to offences of official conduct and introduce the necessary legal provisions for
civilian courts to try offences against human rights, particularly torture and cruel, inhuman and
degrading treatment, committed by military personnel, even when it is claimed that such
offences were service-related, it should be pointed out that, according to the Constitution, the
military courts are already subject to review by the ordinary Federal courts through the remedy
of amparo.
331. As regards paragraph 221 (b), (c) and (d) and the deadline for placing detainees at the
disposal of the courts, article 16, fifth paragraph, of the Constitution sets a maximum deadline,
usually of 48 hours. This gives the Public Prosecutor’s Office enough time to conduct inquiries
when it has a detainee; this is only logical, since the detainee will furnish the evidence required
for a case to be submitted to court, especially when there is a preliminary investigation and a
detainee. It is, moreover, a shorter deadline than that allowed the court under article 19 of the
Constitution to assess the weight of evidence gathered in a preliminary investigation. Above all,
the time allowed is to the suspect’s benefit and to the benefit of his right to present evidence
during interrogation. The definition of a deadline nevertheless restricts the time the authorities
have to investigate the offence, and any breach must be punishable by law.
332. It is also logical that, in cases referred to by law as organized crime, the Public
Prosecutor’s Office may double the time limit because the work it has to do will be more
complicated given the greater seriousness of the offence and the greater problems involved in
properly conducting an investigation, not only to demonstrate that a crime has been committed
and link the accused to it, but also to establish the accused’s relationship to the other elements of
the criminal organization since organized crime has become increasingly complex and
sophisticated.
333. The time limit for bringing a detainee before the Public Prosecutor’s Office is also
determined by various factors.
334. The report says that one of the factors also contributing to the persistence of torture is the
lack of judicial supervision while detainees are at the disposal of the Public Prosecutor’s Office
and the absence of effective monitoring in places of detention by an authority other than the
services of which such places form part. It is, however, obvious that under the Mexican legal
system a suspect in detention or being held by the Public Prosecutor can, even without a specific
procedure for the purpose, apply for amparo and, as far as his personal liberty is concerned, thus
remain at the disposal of the amparo court even though, for the purposes of the criminal
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