CAT/C/55/D/500/2012
15. On 27 June 2014, the Committee decided to uphold its request for interim
measures, calling on the State party to provide Ramiro López with the necessary
medical care to prevent irreparable damage.
Issues and proceedings before the Committee
Consideration of admissibility
16.1 Before considering any complaint contained in a complaint, the Committee
against Torture must decide whether or not it is admissible under article 22 of the
Convention.
16.2 The Committee has ascertained, as it is required to do under article 22, paragraph
5 (a), of the Convention, that the same matter has not been, and is not being, examined
under another procedure of international investigation or settlement.
16.3 The Committee further notes the State party’s argument that domestic remedies
have not been exhausted because the Attorney-General’s Office and the National
Human Rights Commission have reopened investigations into torture in the present
case. The Committee also notes that the complainants have indicated that such
procedures are ineffective, given that they have been unreasonably prolonged and are
inadequate, and that, in the case of the National Human Rights Commissi on, the
recommendations are non-binding.
16.4 The Committee recalls that the rule of exhaustion of domestic remedies does not
apply if their application has been or would be unreasonably prolonged or would be
unlikely to bring effective relief. 11 In the present case, the Committee notes that six
years have passed since the Mexican authorities were made aware of the alleged acts
of torture, without any notable advances in the investigation of the case. Although the
Prosecution Service had the information at its disposal to conduct a prompt and
effective investigation in order to identify and prosecute the alleged perpetrators,
responsibility for the investigation was instead transferred to the military courts and
the case was subsequently closed, only to be reopened by the Attorney-General’s
Office following the submission of the present complaint.
16.5 The Committee further notes that, since the opening of new proceedings in June
2012, the Attorney-General’s Office has failed to make progress in promptly and
effectively investigating the case and in bringing criminal proceedings for the reported
acts of torture. The State party has offered no explanation for the significant delay, nor
reasonable arguments on the potential effectiveness of the new investigation,
particularly in the light of the limited and questionable procedures undertaken and the
very rare convictions for torture in the State party. The investigations conducted by the
National Human Rights Commission, which were reopened in June 2010, have
seemingly not made progress, nor, due to the very nature of the Commission ’s
recommendations, do they constitute an effective and enforceable remedy in terms of
the exhaustion of domestic remedies.
16.6 In these circumstances, the Committee considers that dome stic remedies have
been unreasonably prolonged and are ineffective. Accordingly, the Committee is not
precluded by the requirements of article 22, paragraph 5 (b), of the Convention from
considering the communication on the merits.
16.7 The Committee thus proceeds to its consideration of the merits of the allegations
submitted by the complainants under articles 2, read in conjunction with 1; 16, read in
conjunction with 2; and 12 to 15 of the Convention.
__________________
11
GE.15-17782
See, inter alia, communications Nos. 24/1995, A.E. v. Switzerland, Decision adopted on 2 May
1995, para. 4; and 441/2010, Evloev v. Kazakhstan, Decision adopted on 5 November 2013, para.
8.6.
15/19