330. The Subcommittee recommends that prison authorities manage the assignment of cells and beds so as to ensure
that each prisoner has a decent place to sleep without having to pay for it. Prison authorities should take responsibility
for enforcing this right.
331. The Subcommittee recommends that prison authorities indicate in the records of the institution and/or in the
personal file of the prisoner the cell block to which they are assigned and the reasons for that assignment. Every
institution should have transparent, written criteria and rules for assigning inmates to cell blocks.
332. In its preliminary observations, the delegation urged the State party to take steps immediately to restructure the
Zimatlán Prison Annex in order to ensure that the people confined there have decent living conditions. The
Subcommittee has taken note of the State party’s response to the delegation’s preliminary observations on the visit and
requests the competent authorities to supply detailed information on the current situation of those people.
3.Legal concepts and practices
333.The Subcommittee recommends that the Government of Mexico strengthen the necessary capacity in relation to the
investigation of crimes at both federal and local levels and that it desist from unlawful detention practices that do not
qualify as arrest in flagrante delicto and that evade the requirement for an arrest warrant for arrests not made in
flagrante delicto.
334.The Subcommittee urges the State party to review the recommendations made in respect of the practice of arraigo
(investigative or pre-charge detention) by the various United Nations bodies mentioned above. In line with the
recommendations made to the State party during the universal periodic review and in keeping with the preventive nature
of its mandate, the Subcommittee recommends that the State party abolish arraigo, which creates a situation outside
judicial control that constitutes a risk of torture and ill-treatment.
335. The Subcommittee wishes to remind the Mexican authorities that detainees entering a place of detention should be
fully informed and advised about their rights and duties and the conditions of their detention, and they should be treated
humanely, with respect for their dignity.
336.The Subcommittee is of the view that the practice of arraigo may be conducive to torture and recommends the
adoption of legislative, administrative and any other needed measures to avert situations that may result in cruel,
inhuman or degrading treatment.
4.Situation of vulnerable groups deprived of their liberty
337. The Subcommittee recommends that the State party take steps to strengthen the juvenile detention centre (Centro
de Tutela) in Oaxaca in order to ensure its sustainability and also to ensure that it can serve as a model for other places
of detention for minors.
338. The Subcommittee urges the State party to intensify efforts to ensure the effective implementation of the
international instruments relating to children and adolescents to which Mexico is a party.
339. The Subcommittee wishes to remind the State party that, in accordance with international standards, parents must
be informed of the arrest, transfer, release, illness, accident or death of a minor child.
340. The Subcommittee strongly recommends that the State party take immediate administrative steps and conduct an
urgent situation assessment aimed at totally restructuring the juvenile detention and rehabilitation centre (Centro de
Internamiento y Adaptación) in Monterrey. The physical conditions at the centre and its administration must be
completely overhauled, with the introduction of a whole range of activities that should exist not only in theory only, but
also in practice. If the institution cannot be restructured, the Subcommittee recommends that it be closed.
341. The Subcommittee recommends that the State include in training programmes for law enforcement officials
strategies for preventing torture and cruel treatment during police operations in which people in public or private places
are taken into custody and transported to police stations.
342. The Subcommittee urges the State party to be mindful of rule 24 of the United Nations Standard Minimum Rules
for the Administration of Juvenile Justice (Beijing Rules), which states: “efforts shall be made to provide juveniles, at all
stages of the proceedings, with necessary assistance such as lodging, education or vocational training, employment or
any other assistance, helpful and practical, in order to facilitate the rehabilitative process”.
343. The Subcommittee recommends that the State party ensure that appropriate instruction, awareness-raising and
training is provided for personnel responsible for dealing with minors who are under any type of State custody.
344. The Subcommittee urges the Mexican State to ensure that parents of minors in State custody are notified through
appropriate channels of communication of their children’s whereabouts.
345. The Subcommittee recommends that the State party make every possible effort to ensure that indigenous peoples
have differentiated access to justice, especially at the stages of legal proceedings in which they are at greatest risk of
defencelessness and harm to their physical and mental integrity.
346. The Subcommittee wishes to remind the Mexican State of article 13 of the United Nations Declaration on the
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents