CAT/C/75
page 33
at length above, this is due to the way detainees are handled: although they are placed at
the disposal of the public prosecutor or taken to a medical expert for a certificate to be
issued, in practice they remain under the control and supervision of, and subject to
pressure from, the officers who apprehended them.”26
154. The Committee members consider this situation to be unsatisfactory and believe that a
different model to the one now used for medical reports should be adopted as a matter of
urgency. They are favourable to the proposal of the International Rehabilitation Council for
Torture Victims (IRCT) in the framework of the Technical Cooperation Programme between the
Office of the United Nations High Commissioner for Human Rights and the Government of
Mexico. According to the proposal, two standard, binding report models should be adopted: one
for check-ups performed during a torture investigation, the other for use in routine medical
examinations. The latter model should be used whenever a person, whether imprisoned,
detained or at large is found, on being examined by a doctor, to display objective signs,
unaccounted for by his or her medical record, of torture or ill-treatment warranting notification to
the investigating authorities and, where appropriate, the issuance of a report.
155. Article 20 of the Constitution stipulates that a confession made before any authority other
than the Public Prosecutor or a judge, or made before them but without defence counsel present,
shall have no evidentiary value. In theory, the presence of the defence counsel or other “trusted
individual” is sufficient means of preventing torture. In practice, however, it is not effective in
the majority of cases. Counsel is present only during the accused’s statement to the public
prosecutor, at which time, as we have seen, many detainees are afraid to say they have been
tortured. In addition, in a great many cases lawyers are appointed by the court; the detainees do
not know or trust them and do not understand their role, are not allowed to meet with them in
private, and in many cases never see them again.
156. Many interviewees told the Committee members that the system of court-appointed
defence counsel was inadequate and, in addition, did not exist in every public prosecutor’s office
throughout the country, as it was supposed to.
157. Federal District Human Rights Commission recommendation 4/2000 of 5 April 2000
cites a document issued by the Legal Services Department of the Federal District, which states:
“The service provided by the Federal District system of court-appointed defence counsel does
not meet minimum quality requirements due to the insufficient number of staff (…). In
particular, 33 public defenders, i.e. 11 for each of the three shifts, cover 74 public attorney’s
office investigations bureaux, 11 departments and 36 courts. In practical terms this means that
each defender is responsible for at least eight investigations bureaux and defends an average of
nine people per day.”27
158. The President of the Oaxaca High Court said that the system of court-appointed defence
counsel was very poor, that in many cases the defendants did not see their counsel after their
initial statement, which hampered counsel in producing evidence in their favour. The President
of the Guerrero High Court spoke in similar terms, noting that court-appointed counsel played no
more than a passive role. However, the Guerrero State Attorney said that the professional skills
of the court-appointed counsel had improved, since they were now required to hold law degrees,
and that their numbers had increased.
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