CAT/C/75
page 31
Role of Public Prosecutor’s Office officials
145. The use of torture by the judicial police is closely connected with the way in which
public prosecutors’ offices are structured and run. Many of the people with whom Committee
members spoke said that there was definite complicity between Public Prosecutor’s Office
officials and the judicial police and that the officials were not only aware of the practices in
question but in some cases even witnessed torture directly or indirectly and knew it had been or
was being practised but very rarely took action against those responsible. Some interviewees
also noted that, from an administrative point of view, there is no real line of authority between
public prosecutors and police chiefs, which makes it difficult for the former to exercise control
over the latter.
146. Some of the witnesses interviewed by Committee members stated that a Public
Prosecutor’s Office official had been present while they were being tortured; or that the official
did not place their poor physical state on record; or that they had not told the official that they
had been tortured for fear of further ill-treatment. Some said they had been brought before the
Public Prosecutor by the police in order to make a statement; as they refused to confess to the
offences with which the police were charging them, however, the prosecutor had returned them
to the police, who had continued torturing them and brought them back once they had been
forced to sign incriminating statements prepared by the police which they were supposed simply
to confirm. Others stated that the police officers who had tortured them were present when they
made their statement to the Public Prosecutor. In its recommendation 9/2001, the National
Human Rights Commission said that it considered the public prosecutor to have violated the
human rights of Mr. Mateo Hernández Barajas for not having taken into consideration, as part of
the pre-trial proceedings against Mr. Hernández, that according to the medical report issued by
the Public Prosecutor’s Office physician he bore a number of injuries; the injuries, which were
presumably inflicted on him by Federal judicial police officers during his detention and which
the official was required to certify, should have led to an investigation.
Role of medical experts
147. The medical experts assigned to public attorneys’ offices do not appear to have the
proper attitude as far as prevention or certification of torture is concerned. While some
interviewees stated that they had been tortured after being examined by the expert, others said
that the doctor had seen the marks of torture but had not inquired into their cause; or that the
doctor had not certified them in writing or had not certified them properly; or that they had not
said they had been tortured for fear of being tortured again.
148. In its recommendation 14/2000, the National Human Rights Commission stated: “The
physician attached to the Public Prosecutor’s Office who first examined the complainant did not
report to his superiors the irregularities complained of, which he should have certified so that an
investigation would be opened.” In its recommendation 9/2001, the National Commission found
that the physician attached to the Attorney-General’s Office in León Guanajuato had violated the
human rights of a detainee by producing ambiguous medical reports in which his injuries were
inadequately described, making it difficult to establish the manner or time in which they had
been produced, and by failing to classify the injuries.
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