A/HRC/28/68/Add.3
guarantees, which must include solutions to the problems highlighted in this report,
especially impunity and weak guarantees for preventing and eradicating torture. The
Special Rapporteur calls on the Government to expand on the measures already taken
to guarantee that these events are subject to criminal investigation, that the
disappeared persons are located and that such events do not happen again.
B.
Recommendations
80.
Impunity for torture and ill-treatment encourages the repetition and escalation
of these offences. To combat such impunity, the Special Rapporteur, in addition to the
recommendations made above, recommends the following:
(a)
Recognize publicly the extent of impunity for torture and ill-treatment
and send strong public messages to all federal and state security and justice personnel
that all torture and ill-treatment will be seriously investigated and punished, in
keeping with the norms of international, constitutional and criminal law;
(b)
Take all necessary measures to prevent and severely punish any reprisal
against victims who report torture or ill-treatment, their family members, their
representatives and human rights defenders;
(c)
81.
Guarantee the right of all victims to comprehensive redress.
With respect to the legislative framework:
(a)
Promulgate a general act on torture and ill-treatment that defines
torture throughout the Republic in keeping with the broadest standard of the InterAmerican Convention to Prevent and Punish Torture and ensure that federal and
state laws set out all the obligations and guarantees deriving from the absolute
prohibition of torture, such as the obligation to investigate, prosecute and punish cases
of torture promptly, independently, impartially and exhaustively, the nonapplicability of statutory limitations to the crime of torture and victims’ right to
redress;
(b)
Amend the Code of Military Justice to ensure that cases of human rights
violations allegedly committed by one soldier against another also come within the
jurisdiction of the civilian authorities;
(c)
In the Constitution, the National Code of Criminal Procedure and any
applicable law, restrict instances of detention without a judicial warrant to cases of in
flagrante delicto;
(d)
state law;
Completely abolish arraigo, as well as similar measures in federal or
(e)
Eliminate the provisions on pretrial detention without formal charges
from the Constitution and laws;
(f)
Adopt the necessary federal and state legislation to guarantee judicial
oversight of enforcement of sentences, including precautionary measures, pretrial
detention, conditions of detention and disciplinary measures;
(g)
Legislate the use of force in accordance with international principles,
train members of the security forces in these standards and investigate and punish
instances of excessive use of force.
GE.14-25288
19
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