CAT/C/MEX/CO/7
Deaths in custody
40.
According to the scant official data available, between 2013 and 2018 there were
220 deaths of persons deprived of liberty in federal penitentiaries and 2,531 in
penitentiaries of the federative entities. The Committee regrets that the State party did not
submit complete statistical information for the entire period under review, disaggregated by
place of detention, sex, age and ethnicity or nationality of the deceased, and cause of death.
In addition, apart from the 42 riot “incidents” that, according to the delegation, occurred
between 2013 and 2018 in the country’s prisons, the State party has not provided
information on sudden deaths, including homicide and suicide, in places of detention, nor
on the outcomes of the investigations carried out. The State party has also failed to provide
the information requested on specific measures taken to prevent the recurrence of similar
cases or on any cases in which compensation might have been awarded to the relatives of
the deceased. In particular, the Committee is concerned that the State party has not
provided detailed information on the investigation into the 49 deaths that occurred in
February 2016 during a riot in the state prison of Topo Chico (Monterrey), and the 13
deaths that occurred during a riot in the prison of Cadereyta (Nuevo León), in October 2017
(arts. 2, 11 and 16).
41.
The Committee urges the State party to:
(a)
Ensure that all cases of death in custody are promptly and impartially
investigated by an independent body, with due regard to the Minnesota Protocol on
the Investigation of Potentially Unlawful Death;
(b)
Investigate any possible responsibility of police officers or prison officials
in the death of persons in custody and, where appropriate, duly punish those
responsible and provide fair and adequate compensation to family members;
(c)
Ensure the security of prisons through adequate training of prison
officials and strengthen measures to prevent and reduce violence among persons
deprived of their liberty, in particular by introducing appropriate preventive
strategies that make it possible to monitor and document such incidents, with a view
to investigating all complaints and ensuring that all those responsible are held
accountable;
(d)
Ensure the allocation of the necessary human and material resources for
the proper medical and health care of prisoners, in accordance with rules 24 to 35 of
the Nelson Mandela Rules, and review the effectiveness of programmes for the
prevention, detection and treatment of chronic degenerative diseases and infectious or
contagious diseases in prisons;
(e)
Review the effectiveness of strategies and programmes for the
prevention of suicide and self-harm;
(f)
Compile and publish detailed statistics on deaths in custody in places of
detention and the outcomes of the related investigations.
National preventive mechanism
42.
The Committee notes with concern reports indicating the limited impact of the
monitoring activities of the National Mechanism for the Prevention of Torture and regrets
that it has not received additional information on the status of the current reform of the
Mechanism, the resources allocated to it, and the degree of cooperation of this body with
civil society organizations. It also remains concerned about the apparent absence of
oversight activities of the Mechanism in psychiatric institutions and other mental health
facilities (art. 2).
43.
The State party should:
(a)
Ensure, as part of the ongoing reform process, that the National
Mechanism for the Prevention of Torture has sufficient resources and the necessary
qualified personnel to carry out its work effectively in all types of places of
deprivation of liberty, in accordance with the requirements of the Optional Protocol
to the Convention;
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