(d)
Try and punish persons responsible for acts of torture in a manner consistent with the
seriousness of the acts committed;
(e)
Finalize the penal reform so as to ensure that crimes against humanity, and in particular
torture, are not subject to limitations.
(17) The Committee takes note of the concern recently expressed by the Committee on the Protection of the
Rights of All Migrant Workers and Members of Their Families as regards article 33 of the Constitution, which
grants the executive branch exclusive powers to expel any foreigner whose stay is deemed inappropriate from the
national territory immediately and without need for a prior court decision. The Committee is concerned at the failure
to grant full access to judicial remedies whereby each case can be properly reviewed.
In the light of article 3 of the Convention, the State party should take all necessary steps to ensure that
interested parties have access to judicial remedies enabling them to challenge the expulsion decision,
and that such remedies have the effect of staying the decision.
(18) The Committee notes with concern reports of the excessive use of force by the police during the events and
disturbances in Guadalajara (Jalisco) on 28 May 2004, and in San Salvador Atenco (Atenco) on 3 and 4 May 2006.
The Committee is concerned at reports that during those operations there was indiscriminate use of arbitrary
detention and incommunicado detention, and also ill-treatment and all kinds of abuse. The Committee has also heard
allegations of this type relating to recent incidents in Oaxaca.
The State party should:
(a)
Ensure that force will be used only as a last resort and in strict conformity with the
international rules of proportionality and necessity in the light of the existing threat;
(b)
Implement recommendation No. 12 concerning “the unlawful use of force and firearms
by officials or public servants responsible for law enforcement” proposed by the National Human
Rights Commission in January 2006;
(c)
Investigate all allegations of human rights violations by public officials, especially those
suffered by persons arrested during these police operations, and try and properly punish those
responsible.
(19) The Committee is concerned about reports of violence suffered by women in particular during the police
operation carried out in May 2006 in San Salvador Atenco, and especially the alleged cases of torture, including
rape, as well as other forms of sexual violence such as molestation and threats of rape, ill-treatment, and other
abuses committed by members of the security forces and other law enforcement officials. In this regard, the
Committee notes with satisfaction the creation, in February 2006, of a post of Special Prosecutor to handle offences
involving acts of violence against women, whereby a gender perspective is introduced into the investigation of
serious human rights violations. However, the Committee is concerned that the activities of the Special Prosecutor
may be limited to ordinary offences under federal law.
The State party should:
(a)
Conduct a prompt, effective and impartial investigation into the incidents which occurred
during the security operation in San Salvador Atenco on 3 and 4 May 2006, and ensure that those
responsible for the violations are tried and properly punished;
(b)
Ensure that the victims of the acts complained of secure fair and effective compensation;
(c)
Ensure that all women who have been subjected to sexual violence have access to
appropriate services offering physical and psychological rehabilitation and social reintegration;
27
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