A/HRC/28/68/Add.3
17.
The Special Rapporteur draws attention to the adoption in January 2013 of the
General Victims Act, which guarantees the right to redress of victims of human rights
violations, including torture and ill-treatment. The Act created the National Victims
Assistance System, headed by the President of the Republic and operated by the Victims
Assistance Executive Commission, which has a Committee on Torture that assists victims
and helps make policy. The Act created a National Victims Register (currently being set up)
and a Fund for Assistance and Comprehensive Redress and guarantees advice and care for
victims at federal and local level.
18.
The National Code of Criminal Procedure was published in March 2014. The Code
regulates adversarial proceedings and must be adopted and implemented by state
legislatures by 2016 at the latest. It strengthens constitutional guarantees and establishes
safeguards for preventing torture and ill-treatment, including: access to and confidential
communication with a lawyer from the moment when a person is detained; the right of
detainees to notify family members, to undergo a medical examination, to be informed of
their rights and the acts of which they are accused and not to be paraded before the media;
creation of the position of supervisory judge to verify that detention is lawful; and sana
crítica (sound judicial discretion) in the weighing of evidence. The Special Rapporteur
regrets that the Code continues to authorize the Public Prosecution Service to detain a
person without judicial authorization in urgent cases involving serious offences, broadly
defined as those giving rise to pretrial detention without formal charges or an average
penalty of more than 5 years’ imprisonment.
19.
In June 2014, the Code of Military Justice was amended to exclude from military
jurisdiction cases of civilian victims of human rights violations, thereby restoring the
military courts’ practice of declining jurisdiction according to criteria established by the
Supreme Court of Justice. The Special Rapporteur regrets that the amendment continues to
assign to military jurisdiction cases of human rights violations in which both the perpetrator
and the victim are military personnel. This does not comply fully with international
standards or with the case law of the Inter-American Court of Human Rights.
III. Assessment of the situation
20.
Mexico is facing a complex public security situation. Organized crime poses a
challenge to the authorities and the population. Since 2006, in the context of the so-called
“war on drug trafficking”, measures have been taken to regulate detention, investigation
and the fight against organized crime, including the deployment of armed forces to perform
law enforcement functions, with the number of military personnel thus deployed reaching
50,000 in 2012. The National Human Rights Commission recorded an increase in the
number of complaints of torture and ill-treatment since 2007 and reported a peak of 2,020
complaints in 2011 and 2,113 in 2012, compared with an annual average of 320 in the six
years prior to 2007. Between December 2012 and July 2014, the Commission received
1,148 complaints of violations attributable to the armed forces alone.
21.
The Government and the National Human Rights Commission reported that the
number of complaints of human rights violations has declined recently. Measures have been
taken that contribute to crime prevention and the development of security policies with a
human rights perspective. These include a military pullback in some areas, restrictions on
arraigo detention, constitutional amendments, legal and jurisdictional developments and
human rights training.
22.
The strategy of militarized law enforcement is ongoing, however, as can be seen
from the fact that over 32,000 military personnel are still performing tasks customarily
performed by civilian forces. Moreover, soldiers who have retired or are on leave have
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