CAT/C/75
page 45
215. In their meetings with representatives of the Attorney-General and the Military
Prosecutor, the Committee members tried to find out how the internal inspection services went
about investigating cases of torture, but the information they were given was generally extremely
vague. Claims that all reports filed against members of the police forces were thoroughly
investigated were not borne out by specific, detailed instances. On the contrary, the President of
the National Human Rights Commission affirmed that the inspectors covered up inappropriate
behaviour by officials and found no fault in most cases.
216. The Committee members also think the non-governmental organizations are correct in
their criticism that, since the Public Prosecutor’s Office has the monopoly on criminal
proceedings, reports of torture are dealt with by the very body they are directed against. This
may also be the main reason why victims invariably turn to the human rights commissions to
mediate on their behalf instead of going, as one would expect, straight to the body that ought to
initiate criminal investigations.
217. The fact that only an extremely small number of cases of torture reach the courts was
confirmed in the meetings that Committee members had with representatives of the judiciary,
who appeared “unaware” that torture continued to occur in Mexico. The Public Prosecutor’s
Office’s monopoly on criminal proceedings may partly explain their lack of awareness. The
representatives of the Tamaulipas State High Court affirmed that torture was not a problem in
Tamaulipas, and that seven cases of abuse of authority had come before the Court over the past
two years, but none of torture. The president of the Guerrero High Court said it was rare for the
Public Prosecutor’s Office to investigate cases of torture, and he had not heard of more than two
or three such instances. The justices of the Supreme Court said that cases of “torment” might
crop up, but only a tiny number compared with the number of criminal prosecutions in the
country, and fewer still at the Federal level.
VI. CONCLUSIONS AND RECOMMENDATIONS
218. From the information gathered during their visit to Mexico, the Committee members note
that the number of complaints of torture referred to public human rights bodies and NGOs
appears to have declined in the last few years. However, the information collected in the course
of this procedure, which has not been refuted by the Government; the descriptions of the torture
cases, most of which occurred in the months preceding the visit and during the previous year information received directly from the victims; the similarity of circumstances in which the cases
arose; the purpose of the torture (nearly always to obtain information or a self-incriminating
confession); the similarity of the methods employed; and the fact that such methods are
widespread, all convinced the Committee members that these are not exceptional situations or
occasional violations committed by a few police officers but that, on the contrary, the police
commonly use torture and resort to it systematically as another method of criminal investigation,
readily available whenever required in order to advance the process. In this regard, the
Committee members recall the views expressed by the Committee in November 199350 and
repeated in May 200151 on the main factors that indicate that torture is systematically practised in
a State party. These views are as follows:
“The Committee considers that torture is practised systematically when it is
apparent that the torture cases reported have not occurred fortuitously in a particular
place or at a particular time, but are seen to be habitual, widespread and deliberate in at
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