E/CN.4/1998/38/Add.2
page 8
while reiterating the authorities' wish to eradicate a practice which had been
so prevalent in previous decades, and commenting on the positive effect of
constantly challenging it and exposing it before public opinion.
23.
In a report of October 1997, the National Human Rights Commission (CNDH)
stated that since its inception in June 1990 it had received 2,109 complaints
of torture, but that the number of complaints of torture received had been
decreasing from year to year, which tended to indicate that the practice
itself had also decreased. 4 There were no overall figures which combined
CNDH data with those of state commissions. For the period between May 1996
and May 1997, the CNDH noted that it had received 46 complaints, only 25 of
which were admissible. The remainder were referred to the state commissions
because they concerned non-federal public servants or because the CNDH
declared itself incompetent, on the grounds that the judiciary had already
assessed the alleged cases of torture. The public servants allegedly
responsible for the acts of torture contained in the above 25 complaints
belonged to the following offices and bodies: Office of the Attorney-General
of the Republic, 13 cases; Ministry of Defence, 5; Office of the Government
Procurator of the Federal District, offices of the Government Procurators
of the states of Chiapas, Guerrero, Nayarit, San Luis Potosí and
Tamaulipas, 1 case each; and the Secretariat for Public Security of the
Federal District, the General Directorate of Public Security of the state of
Tabasco and the Office of the Secretary-General of the Government of the state
of Guerrero, 1 case. 5
24.
The President of the Human Rights Commission of the Federal District
(CDHDF) said that up to five years ago torture had undoubtedly been the
number one form of abuse of power in the whole country and that confessions
used to be extracted under torture, and torture was used as a punishment in
the prisons as a matter of routine. That situation, however, had changed.
The number of cases and thus of complaints had fallen significantly throughout
the country, although there were differences between the states; the situation
was not the same in the Federal District as in Guerrero, Oaxaca or
Aguascalientes. This factor, he said, should be taken into account in any
objective diagnosis of the situation. In the Federal District the decrease
had been noteworthy. Even in the prisons cases of torture were sporadic.
Since its inception in 1993, the CDHDF had received 56 complaints of torture,
which had gone down to thirty-first place in the table of complaints. As a
follow-up to those complaints, the Commission had issued 10 recommendations in
cases where torture had been proved and 34 preliminary investigations had been
initiated.
25.
Non-governmental sources indicated that the drop in the number of cases
registered by the CNDH were due in part to the fact that 32 local human rights
commissions had been established since 1992, one for each state, plus the
Federal District Commission, which had led to a genuine decrease in the total
number of complaints submitted to CNDH and therefore in complaints of torture
as a whole. Moreover, not all the cases reported to CNDH in which torture had
occurred were classified as such. Sometimes the recommendation was presented
under the heading of injuries, abuse of authority, or, when the complaint had
been made from inside a prison, the CNDH classified its recommendation as a