CAT/OP/MEX/1/Add.2
110. Courses on human rights have been organized for public prosecutors by the Oaxaca
Department for Preliminary Inquiries and Indictments through the Vocational Training and
Development Institute. Also, at all prosecution divisions handling investigations involving
arrests there are wallcharts setting out the guarantees afforded to detainees, in accordance
with article 20, section B, of the Federal Constitution.
111. The State Attorney-General’s Office is seeking to promote the enactment of a law on
special protection for trial participants in fulfilment of the constitutional guarantee which
requires the public prosecution service to ensure protection for such persons.
112. Although the State Attorney-General’s Office does not have internal regulations, the
operations of the State Investigation Agency are governed by the State Act on the
Prevention and Punishment of Torture and the related Organization Act. If investigating
officers are involved in acts of torture, administrative procedures will be initiated against
them before the State Attorney-General’s Office through the Internal Oversight and
Evaluation Office, irrespective of any criminal proceedings which may be instituted.
113. In this connection, given that the observance of human rights in general implies
respect for the right to personal safety and integrity, a circular (PGJE/SSP/10/2011) was
issued on 11 July 2011 for the purpose of instructing all personnel to uphold the human
rights both of crime victims and suspects and of all persons dealt with in the discharge of
their duties. These instructions will be of major importance and are to be strictly complied
with by all units comprising the Office of the State Attorney-General since any human
rights violation can give rise to administrative and criminal liability.
114. The Oaxaca Human Rights Coordination Office, in conjunction with the Association
for the Prevention of Torture, organized a panel discussion on the recommendations of the
United Nations Subcommittee on Prevention of Torture in the state of Oaxaca, which took
place on 1 and 2 February 2012.
115. The event was attended by state government personnel, academics, torture victims,
representatives of civil society, the National Human Rights Commission and the InterAmerican Commission on Human Rights, and one member of the Subcommittee.
116. As a result of that meeting a report was compiled on requirements for duly following
up the Subcommittee’s recommendations, which has led to the establishment of a standing
working group on the matter. Specialist personnel have been appointed by each institution
to serve on this working group, which will shortly hold its first meeting. This will be
headed by the state governor and is expected to receive contributions from experts of
national and international organizations and civil society and from torture victims in the
state.
117. Persons charged with criminal acts and held in remand cells administered by the
State Attorney-General’s Office undergo medical assessments by a forensic medical expert,
who certifies their physical integrity, documents any injuries present and, if they warrant
hospitalization, refers the detainee to the civilian hospital. In addition, regular examinations
are carried out by the Institute of Expert Services to monitor the state of health of all
detainees, who are supplied with any medicinal products required by them, subject to prior
diagnosis and authorization by the medical expert. They are also provided with food by the
administrative unit during their time in custody.
8.
Reforms in the state of Nuevo León
118. The Nuevo León state government is working on reforming the Public Security Act
with the addition of a section to regulate the use of force. The amendments would, inter
alia, provide that “public servants in the police service shall on no account use excessive
physical force by reason of their technical capabilities or the intensity of policing
38
GE.13-41196 (EXT)
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