(5)
The Committee also commends the State party on the statement it made on 15 March 2002 recognizing the
Committee’s competence to receive individual complaints relating to cases of torture under article 22 of the
Convention.
(6)
The Committee appreciates the efforts made by the State party in the field of training relating to the
prohibition of torture and the protection of human rights in general, and also the setting-up of human rights
protection units in the various sections of the Office of the Attorney-General of the Republic.
(7)
The Committee commends the State party on the reform of article 18 of the Constitution, setting up a new
system of criminal justice for young people, whose provisions include the promotion of alternatives to custodial
sentences.
(8)
The Committee commends the State party on the incorporation of the Istanbul Protocol into Mexican law
both at the federal level and in several states, and also the establishment of collegiate bodies to monitor the
introduction of the special medical and psychological report in relation to possible cases of torture and ensure
greater transparency in its use.
(9)
The Committee congratulates the National Human Rights Commission on its work in monitoring and
reporting human rights violations.
(10)
The Committee also welcomes the fact that the State party has become a party to the following treaties:
(a)
The Optional Protocol to the International Covenant on Civil and Political Rights, on 15 March 2002;
(b)
The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against
Women, on 15 March 2002;
(c)
The Optional Protocols to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography and on the involvement of children in armed conflict, on 15 March 2002;
(d)
The Rome Statute of the International Criminal Court, on 28 October 2005;
(e)
The Inter-American Convention on Forced Disappearance of Persons, on 28 February 2002;
(f)
Convention 182 (1999) of the International Labour Organization concerning the prohibition and
immediate action for the elimination of the worst forms of child labour, on 30 June 2000.
C. Principal subjects of concern and recommendations
(11) The Committee notes that the Federal Act to Prevent and Punish Torture defines torture in accordance with
the provisions of the Convention. However, the Committee is concerned that in most cases the definition of the
crime of torture differs from one state to another, and that the crime is not mentioned in the Penal Code of the State
of Guerrero.
The State party should ensure that both federal and state legislation characterizes the crime of torture
in keeping with international and regional standards, including the Convention against Torture and
the Inter-American Convention to Prevent and Punish Torture.
(12) The Committee takes note of the proposed reform of the whole system of justice, whose main objectives
include the introduction of an accusatory and oral procedure for criminal cases, elimination of the evidentiary value
of confessions not made before a judge, and the introduction of the presumption of innocence. However, the
Committee is concerned that this reform has not yet been adopted. The Committee is also concerned about reports
that in many cases greater evidentiary value is still attached to the first statement made to a prosecutor than to all
subsequent statements made to a judge.
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