CAT/C/75
page 50
230. As part of these efforts, the Government of Mexico is attaching the greatest importance to
action to combat torture. One of the main concerns is to consolidate respect for human rights
and, within the institutional framework, to punish violations of human rights and abuses of
power by formulating policies relating to the responsibility of government officials.
231. During the negotiations on the first phase of the Technical Cooperation Programme
between the Government of Mexico and the Office of the United Nations High Commissioner
for Human Rights, the conclusion was reached that the main topic to be included was the human
rights training of government officials and that two model protocols should be drafted.
232. During that first phase, there were two components on the question of torture, one
relating to medical examinations of torture and other physical abuse and the other to the forensic
investigation of murders alleged to have taken place as a result of human rights violations.
233. During the second phase of the Programme, priority was given to refresher courses for
those who had taken part in the first phase, and to training courses for judges and lawyers.
234. The Government of Mexico also considers that the Committee’s report and
recommendations will be very useful in producing the diagnosis of the human rights situation
and the National Human Rights Programme to be implemented during the second phase of the
Technical Cooperation Programme, one of the main topics of which is action to combat torture.
235. The Government of Mexico wishes to draw attention to the amendment to article 113 of
the Political Constitution of the United Mexican States adopted on 14 June 2002, which makes
the State directly responsible for any loss or damage to the property or rights of private
individuals resulting from unlawful government administrative activity. Private individuals will
be entitled to compensation in accordance with the guidelines, limits and procedures provided
for by law.
236. This article will enter into force on 1 January 2004. According to the amendment decree
published in the Diario Oficial de la Federación on 14 June 2002, secondary legislation will
have to be changed as a result of the amendment. The Federation and the States and
municipalities will thus have to draft or amend their legislation relating to compensation for loss
or damage during this period.
237. The present report clarifies some points in the Committee’s report and provides
up-to-date information on the action being taken to combat torture and implement the
recommendations. In view of the undertaking by the Government of Mexico to send updated
information on the 394 cases referred to in paragraph 13 of the report, annex III contains records
with information from the States dealing with some of the cases.
II. GENERAL COMMENTS
238. The report is very detailed, especially as far as the consideration of individual cases is
concerned. In this connection, the Government of Mexico draws the Committee’s attention to
the practical and technical problems countries face in determining whether a case of alleged
torture exists. However, Mexico is entirely willing to hear and clarify the cases of alleged
torture referred to in the Committee’s report.
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