E/CN.4/2003/8/Add.3
page 2
Executive summary
The Working Group on Arbitrary Detention visited Mexico in response to a standing
invitation from that country to all thematic mechanisms of the Commission on Human Rights.
The Working Group was interested in investigating both the possible arbitrary detention of
ordinary prisoners and the situation of detained migrants. It visited four States (Guerrero,
Jalisco, Mexico and Oaxaca) and the Federal District. It was unable to visit other States because
of the lack of time, the distances involved and the need to make the best possible use of its stay.
The Working Group would first like to point out how pleased it was to learn of a number
of reforms that serve as a basis for the new Mexican human rights policy. The following are the
principal reforms with which the Government intends primarily to restore the Mexican people’s
faith in their institutions:
(a)
Focus Mexican foreign policy on the defence of human rights;
(b)
Develop a human rights culture within the State machinery by setting up various
“human rights units” in government departments;
(c)
Increase transparency by enhancing cooperation with civil society and with the
monitoring mechanisms of the international organizations: in this respect, accord due
importance to the role of the National Human Rights Commission and the State human rights
commissions;
(d)
Complete a programme to ratify international human rights instruments;
(e)
Strengthen cooperation with human rights organizations and with the
United Nations by setting up a local office of the United Nations High Commissioner for Human
Rights.
Nevertheless, serious difficulties undoubtedly remain.
The Working Group learned from conversations with the national and State human rights
commissions and with non-governmental organizations (NGOs) that one of the most common
human rights violations is arbitrary detention resulting from the lack of due process. While there
has been a fall in the number of complaints about torture, ill-treatment and other abuses, there
continue to be complaints about arbitrary detention, particularly in connection with drug-related
offences (information supplied to the Working Group by the First Inspector of the National
Human Rights Commission). The records of the Human Rights Commission of the Federal
District show that 1 out of 10 detentions is arbitrary.
After visits to various detention centres and conversations with over 400 prisoners, their
relatives and their defence lawyers, it became clear that the victims of arbitrary detention and
those unable to extricate themselves from that kind of situation come from the most vulnerable
population group. The Working Group’s attention was drawn, among other things, to difficulties
in preparing an adequate defence, problems of ineffective remedies and disproportionate
penalties for certain offences, with no chance of early release. Some convicted prisoners who