CAT/C/MEX/CO/5-6
(b)
Ensure that, at the state level, the definition of the offence of torture
conforms to the definition set forth in article 1 of the Convention and that it is
punishable by appropriate penalties which take into account its grave nature, as
established in article 4 of the Convention;
(c)
Guerrero;
(d)
Incorporate the crime of torture into the Criminal Code of the State of
Ensure that the crime of torture is not subject to a statute of limitations.
Fundamental legal safeguards
9.
While taking note of the publication in April 2012 of protocols on the use of force,
the preservation of evidence and the appearance before a judge of persons brought into
custody, the Committee is concerned by reports that, in practice, the State party does not
make sure that all persons who are being held in custody have the benefit of all
fundamental legal safeguards from the outset of their detention. The Committee is
concerned by reports that detainees are often denied prompt access to a lawyer and an
independent medical examination, the right to notify a family member of their arrest and
the right to be brought before a judge without delay. The Committee regrets that it has not
been furnished with official information regarding any disciplinary action or criminal
proceedings relating to cases of unjustified delays in handing persons over to the
Prosecution Service following their arrest (art. 2).
The State party should adopt effective measures without delay to ensure that, from
the moment that any person is deprived of his or her liberty, he or she has the benefit,
in practice, of all fundamental legal safeguards, including those mentioned in
paragraphs 13 and 14 of the Committee’s general comment No. 2 on the
implementation of article 2 by States parties (2008).
Allegations of torture and arbitrary detention
10.
The Committee is concerned by reports of an alarming increase in the use of torture
during the interrogation of persons who have been arbitrarily detained by members of the
armed forces or State security agencies in the course of joint operations to combat
organized crime. It is gravely concerned by consistent reports that, before detainees are
handed over to the Prosecution Service, they are tortured and mistreated in order to force
them to confess and make self-incriminating statements which are later used to cover up
irregularities committed during their detention (arts. 2, 11 and 15).
The State party should:
(a)
Ensure that, when persons are arrested, they are promptly brought
before a judge or handed over to the Prosecution Service in accordance with article 16
of the Constitution of Mexico and that allegations concerning the perpetration of
torture or ill-treatment by members of the armed forces or State security agencies are
investigated and that those responsible are punished;
(b)
Restrict the use of arrest in flagrante delicto to the exact moment when
an offence is being committed and do away with the use of arrest in quasi-flagrante
delicto;
(c)
identified;
Ensure that members of security forces and their vehicles are properly
(d)
Ensure that all suspects in a criminal investigation are registered without
delay in the appropriate custody logbook, that the entries in custody logbooks are
GE.12-48654
3