CAT/C/75 page 64 302. Without disregarding the obligation of the courts to dispense justice promptly and effectively, it must be pointed out that there are other bodies that the law also empowers to monitor and help prevent police officers who engage in torture from going unpunished. The National Human Rights Commission Act stipulates: “Article 71. The National Commission may submit a special report when there is a consistent pattern of acts or omissions which involve evasive conduct or delaying tactics on the part of the authorities and government officials who should take part or cooperate in its investigations, notwithstanding the requirements it might have set for them. “The National Commission shall report any crimes or offences which the authorities or government officials in question may have committed, in addition to such conduct and attitudes, to the competent bodies. “The National Commission shall also draw the attention of the competent authorities to offences or crimes which may have been committed by individuals during its proceedings so that they may be punished in accordance with the relevant laws. “Article 72. The National Commission shall bring to the attention of the competent higher authorities any acts or omissions by authorities and government officials during and in connection with the investigations conducted by the Commission with a view to the application of the appropriate administrative measures. The higher authority shall inform the National Commission of the disciplinary measures or penalties imposed. “Article 73. In addition to reports on the administrative crimes and offences which may have been committed by the authorities and government officials in the course of the investigations conducted by the National Commission, the Commission may request that the person in charge of the department in question should be publicly or privately reprimanded, as appropriate.” 303. It is thus to be stressed that exclusive responsibility for instituting criminal proceedings and prosecuting crimes lies, in accordance with article 21 of the Constitution, with the Public Prosecutor’s Office which, in the exercise of its functions, has an obligation to monitor and ensure compliance with the law in the courts under its jurisdiction. The courts must confine themselves to receiving evidence from the parties, as provided for by law, without making any effort in favour of or against the accused so as to preserve their impartiality. It is the sole and exclusive responsibility of the courts to impose penalties.60 Comments on the recommendations 304. With regard to the recommendation made in paragraph 220 (a), the report concludes that the large number of exceptions to the constitutional guarantee requiring a warrant before an arrest can be made is a factor which explains why torture continues to be practised in Mexico. The exceptions to these guarantees are detentions under the heading of flagrante delicto and in pressing cases.