CAT/OP/MEX/1/Add.2
(m) Undertake, with the involvement of the relevant experts, a judicial inspection
of the crime scene, in which all evidence relating to the investigation is to be certified and
instructions are to be given to the effect that a photographic record be made of the evidence
and, where appropriate, that it be removed, packed and transferred, with the chain of
custody being preserved, in accordance with Institutional Decision No. A/002/2006;
(n)
Adopt the necessary measures to prevent any interference by persons
unconnected with the investigation in order to maintain the secrecy of the investigation;
(o)
Authenticate, where applicable, the status of the perpetrator of the torture;
and
(p)
Adopt any necessary measures of protection to safeguard the physical
integrity of the victim, complainants, prosecution witnesses and public servants.
249. In the event that a torture victim is deprived of liberty, the following steps are to be
taken in addition to those referred to in the preceding paragraph:
(a)
Ascertain the location where the torture victim is being held and travel to that
place in order to stop the unlawful conduct;
(b)
Inform the person concerned of his or her rights as a victim in accordance
with the applicable legislation;
(c)
Ensure that formalities conducted with respect to the person deprived of
liberty take place in an appropriate setting where the victim’s safety and trust are secured
and where the public servants who are involved or who may interfere with the investigation
are not present;
(d)
Request the competent authority to order the necessary measures for the
purpose of protecting and safeguarding the physical and psychological integrity of the
crime victim if it emerges from the investigations that his or her physical or psychological
integrity is at risk;
(e)
Any other steps which may be appropriate in accordance with the law and
any that may arise from the aforementioned measures in order to enable the facts to be
elucidated and the suspects to be identified.
2.
State of Jalisco
250. With a view to creating opportunities for indigenous persons to have access to
differentiated justice in the state of Jalisco, particularly at procedural stages where there is
an increased risk of defencelessness and violation of their physical or psychological
integrity, and to enhancing their means of communication, a coordination agreement on the
release of indigenous persons held in state penitentiaries was concluded in May 2011
between the National Commission for the Development of Indigenous Peoples, the
Indigenous Persons’ Commission of the state of Jalisco and the Department of Public
Security, Crime Prevention and Social Rehabilitation with the aim of helping indigenous
persons in custody to obtain statutory privileges (bail, suspended sentence, substitute
penalties, early discharge, parole, remission and abatement of penalty). Also, the
commitments set out in the coordination agreement include an undertaking by the
Indigenous Persons’ Commission to provide bilingual interpreters or translators to assist the
judicial and/or administrative authorities in ensuring that all notifications, especially of the
rendering of a judicial decision or the granting of the privilege of early discharge, are given
in indigenous prisoners’ mother tongue.
74
GE.13-41196 (EXT)
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