E/CN.4/2000/9/Add.1 page 15 Commission. In addition, ACAT drew attention to the recommendation by the Special Rapporteur on torture concerning the probative value that should be accorded to the investigations carried out by these bodies. Lastly, it proposed that article 3 of the Law on the prevention and punishment of torture should be reformulated so as to take into account injuries consisting in the “neutralization of the personality of the victim and the diminution of his aptitudes without causing physical or psychological pain”, and recommended the action that should be taken immediately by the judge if a suspect says that his statement was obtained by torture. 68. In its letter of 15 March 1999, the Government provided information on the individual cases that the Special Rapporteur had included in his report on his visit to Mexico (E/CN.4/1998/38/Add.2, annex). Its replies are summarized in the following paragraphs. 69. Amado Hernández Mayorga and Andrés Álvarez Gómez were allegedly arrested and tortured by members of the Public Security Police on 27 January 1997 in the community of Lázaro, Sabanilla. The Government stated that no complaint had been lodged and that it had found no reference to this matter in the files of the National Human Rights Commission or the Human Rights Commission of the State of Chiapas. 70. Gonzalo Rosas Morales was allegedly arrested on 8 March 1997 and tortured by Judicial and Public Security Police forces in Palenque, State of Chiapas. In agreement with the Government, an inquiry was opened into the case of Gonzalo Rosas Morales by the Human Rights Commission of the State of Chiapas which submitted a recommendation on 20 October 1997. After being challenged, the National Commission confirmed the recommendation on 8 July 1998. 71. Mariano Pérez González, Mariano González Díaz and Pedro González Sánchez were allegedly arrested on 14 March 1997 in the indigenous community of San Pedro Nixtalucum, State of Chiapas, together with about 20 other persons, and subsequently tortured by members of the State Judicial Police. According to the Government’s report, elements of the Public Security Police arrived in the community of San Pedro Nixtalucum on 14 March 1997 because a group of unknown persons had assaulted four persons. After arresting the suspects the police were ambushed, as a result of which 4 of their number were injured, 3 of the group of aggressors were left dead and 27 persons were arrested, among them Manuel Pérez González. Criminal proceedings were brought against 23 other persons. An investigation was launched by the Human Rights Commission of the State of Chiapas into allegations of ill-treatment but the representatives of the group of persons arrested stated that they did not want the Commission to take action since they had their own lawyer. As regards Mariano González Díaz, an investigation was launched on 12 May 1997 by the Human Rights Commission of the State of Chiapas, which referred the case to the National Human Rights Commission in August 1997. 72. Domingo Gómez Gómez, aged 21, was allegedly arrested and tortured by members of the State Judicial Police on 18 July 1997 in San Cristóbal de las Casas, State of Chiapas, as the person responsible for the disappearance of two persons. The Government stated that the National Human Rights Commission had initiated an investigation on grounds of arbitrary detention, attacks against private property and injury. The investigation came to an end on 31 July 1998 because the complaint was withdrawn.

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