CAT/C/MEX/CO/5-6
6.
The Committee takes note of the steps taken by the State party to modify its
legislation, in particular:
(a)
The adoption of the General Act on Women’s Access to a Life Free from
Violence in 2007 and of its implementing regulations in 2008;
(b)
The constitutional reform of the criminal justice and public security system
of 18 June 2008, which is designed to introduce a new, adversarial criminal justice system;
(c)
The promulgation of the Refugees and Supplementary Protection Act and the
Migration Act in 2011;
(d)
The constitutional reform dealing with human rights of 10 June 2011, which
accords the status of a constitutional right to all human rights guaranteed under
international treaties ratified by the State party;
(e)
The promulgation of the General Act for the Protection, Punishment and
Eradication of Human Trafficking Offences and for Victim Protection and Assistance in
2012;
(f)
The promulgation of the Human Rights Defenders and Journalists Protection
Act in 2012.
7.
The Committee also applauds the steps taken by the State party to modify its
policies and procedures in order to afford greater protection for human rights and to apply
the Convention. In that respect, it takes note, in particular, of the following measures:
(a)
The adoption of the National Human Rights Programme for 2008–2012;
(b)
The adoption of the Prison Administration Strategy for 2008–2012;
(c)
The approval of the National Programme for the Prevention and Punishment
of Human Trafficking for 2010–2012.
C.
Principal subjects of concern and recommendations
Definition and crime of torture
8.
The Committee notes that the Federal Act for the Prevention and Punishment of
Torture still does not fully reflect the definition of torture set forth in article 1 of the
Convention. It notes that, in most cases, the definition of the crime of torture and the
punishments established for it at the State level do not fully conform to articles 1 and 4 of
the Convention. In the State of Guerrero, the definition of the offence of torture is still set
forth in a law that is not part of the Criminal Code, as observed by this Committee in its
preceding concluding observations (CAT/C/MEX/CO/4). The Committee does, however,
also take note of the existence of four proposed amendments to the Criminal Code
concerning the non-applicability of statutory limitations to a number of serious crimes,
including torture (arts. 1 and 4).
In the light of its preceding concluding observations, the Committee urges the State
party to:
(a)
Amend the Federal Act for the Prevention and Punishment of Torture so
that the definition of torture which figures in article 3 of that law encompasses all the
elements that are contained in article 1 of the Convention, including: (i) acts of torture
committed by a third person at the instigation of or with the consent or acquiescence
of a public official; and (ii) acts of torture committed for any reason based on
discrimination of any kind;
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