CAT/C/MEX/CO/7 (o) The constitutional reform and the publication, on 14 December 2018, of the Organic Act on the Office of the Prosecutor General, with a view to overhauling the country’s prosecution services; (p) The publication on 16 June 2016 of the National Act on the Comprehensive Juvenile Criminal Justice System. 5. The Committee appreciates the State party’s request on 6 March 2018 for publication of the report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on its visit to Mexico in December 2016 (CAT/C/OP/MEX/2). 6. The Committee also appreciates the fact that the State party maintains a standing invitation to the special procedure mechanisms of the Human Rights Council, which has allowed independent experts to conduct visits to the country during the reporting period. C. Principal subjects of concern and recommendations Pending follow-up issues from the previous reporting cycle 7. In paragraph 27 of its previous concluding observations (CAT/C/MEX/CO/5-6), the Committee requested the State party to provide information on the follow-up given to a number of recommendations whose implementation it considered to be a matter of priority. These recommendations were set forth in paragraph 9 on fundamental legal safeguards; in paragraph 10 (d) on keeping custody logbooks; and in paragraph 16 (a) on mechanisms for monitoring and oversight of the State party’s security forces and agencies. While noting the replies submitted by the State party on 10 February 2014 under the follow-up procedure (CAT/C/MEX/CO/5-6/Add.1), the Committee considers that the recommendations contained in paragraphs 9 and 10 (d) have not been implemented (see paragraphs 15 and 16 of the present document) and that the recommendation contained in paragraph 16 (a) of the previous concluding observations has been only partially implemented (see paragraphs 23 and 24 (a) of the present document). Incidence of the use of torture in the State party 8. While noting the delegation’s statement that torture is not a State policy and is not a widespread practice, the Committee is very concerned about the situation observed by several international human rights mechanisms during their respective visits to Mexico during the period under review, in particular the visits of the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment in 2014 (A/HRC/28/68/Add.3, para. 23, and A/HRC/34/54/Add.4, para. 21), the InterAmerican Commission on Human Rights and its Rapporteur on the Rights of Persons Deprived of Liberty in 2015 (OEA/Ser. L/VII Doc 44/15 and press release No. 116/15, respectively) and the United Nations Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 2016 (CAT/OP/MEX/2, para. 20). Other concerns include the findings of the 2016 national survey of persons deprived of their liberty and the alternative reports submitted by a number of non-governmental human rights organizations and civil society associations, which document a very high incidence of torture and ill-treatment, including sexual violence, particularly on the part of members of the security forces and investigating officers during arrest and in the early stages of detention (arts. 2 and 16). 9. The State party should: (a) Unequivocally reaffirm its support for an absolute prohibition of torture and ill-treatment and state publicly that any person committing acts of this kind or being found to be otherwise complicit or acquiescent in them will be held personally responsible for those acts before the law and will be subject to criminal prosecution and appropriate penalties; (b) Ensure that the national survey of persons deprived of their liberty is conducted on a regular basis and that the survey findings are published. GE.19-12617 3

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