CAT/C/MEX/CO/7
on the number of complaints of acts of torture and ill-treatment registered in all
bodies;
(c)
Provide information on the steps taken to implement the
recommendations of the National Human Rights Commission in cases of torture and
ill-treatment.
Investigation of acts of torture and ill-treatment and prosecution and punishment of
perpetrators
24.
The Committee expresses its concern about the serious shortcomings evident in the
investigation of acts of torture and ill-treatment in Mexico, and about the persistently high
levels of impunity associated with offences of this kind. According to data provided by the
delegation, as at January 2019 the Prosecutor General’s Office had 4,296 preliminary
inquiries under way and had opened 645 case files in connection with offences of torture.
However, the Committee regrets that it has not received comprehensive information on the
number of cases that have resulted in criminal proceedings and the number of prosecutions
and disciplinary proceedings initiated for acts of torture and ill-treatment during the period
under review. The Committee has also not received the requested information about the
workload of staff attached to the Special Prosecutor’s Office. According to the summary
information provided by the delegation, the federal courts handed down 45 convictions for
acts of torture between 2013 and 2018. However, no information was provided about the
status and nature of the convictions or the penalties imposed on the persons convicted. The
Committee has also not received information about sentences handed down in state-level
courts, although, according to data collected in the 2017 national survey on the
administration of justice carried out by the National Institute of Statistics and Geography,
there were 3,214 complaints of torture and ill-treatment in 2016 alone but only 8 of them
resulted in criminal proceedings (see the 2018 annual report of the National Human Rights
Commission). Lastly, the Committee notes the delegation’s explanations regarding the
implementation of the Harmonized Protocol on the Investigation of the Crime of Torture
but remains concerned about reports indicating that the action taken by the Prosecution
Service, as required under the Harmonized Protocol, before passing cases on to the Special
Prosecutor’s Office impede access to justice for victims, even though the State party
maintains that these measures are designed to ensure that alleged victims receive prompt
assistance (arts. 2, 12, 13 and 16).
25.
The Committee urges the State party to:
(a)
Ensure that all complaints of torture and ill-treatment are investigated
in a prompt and impartial manner by an independent body;
(b)
Ensure that the authorities open an investigation ex officio whenever
there are reasonable grounds for believing that an act of torture or ill-treatment has
been committed;
(c)
Ensure that, in cases of torture and/or ill-treatment, suspected
perpetrators are immediately suspended from duty for the duration of the
investigation, particularly when there is a risk that they might otherwise be in a
position to repeat the alleged act, take reprisals against the alleged victim or obstruct
the investigation;
(d)
Facilitate access to justice for victims by providing appropriate legal
assistance, including free legal aid where warranted. In particular, the Committee
urges the State party to review the content of the Harmonized Protocol in order to
guarantee access to justice for victims;
(e)
Ensure that the suspected perpetrators of acts of torture and illtreatment and the superior officers responsible for ordering or tolerating the acts are
duly tried and, if found guilty, punished in a manner that is commensurate with the
gravity of their acts;
(f)
Ensure implementation and enforcement of the provisions of the General
Act on Torture, in particular in the investigation and prosecution of acts of torture
and ill-treatment. The State party should oversee the establishment and effective
GE.19-12617
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