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 6 GE.14-25288

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