COMMITTEE AGAINST TORTURE HEARS RESPONSE OF MEXICO

The Committee against Torture this afternoon heard the response of Mexico to questions raised by Committee Experts on the fourth periodic report of that country on how it is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Responding to a series of questions raised by the Committee members on Wednesday, 8 November, the delegation, which was led by María del Refugio González Domínguez, Undersecretary for Multilateral Affairs and Human Rights of the Ministry of Foreign Relations of Mexico, said with regard to independent medical examinations, any accused person under detention could have their own doctors brought in to conduct medical examinations. The Government of Mexico had also provided psychological assistance for those who requested it.

Concerning a specific case in the area of Ciudad Juarez, the delegation mentioned that the Government had issued a request to the Inter-American Human Rights Court asking for their opinion. At present, that judgment was still pending. On these cases, it was further noted that there were 34 cases of women who were still missing and around the same number for those whose remains had been discovered but not yet identified.

Responding to a question, the delegation stated that there were 174 cases of torture registered between 1990 and 2005 and 74 convictions of torture during this time span based on the result of a questionnaire sent out by the National Commission on Human Rights.

The Committee will submit its conclusions and recommendations on the report of Mexico towards the end of the session on Friday, 24 November 2006.

As one of the 142 States parties to the Convention against Torture, Mexico is obliged to provide the Committee with periodic reports on the measures it has undertaken to fight torture.

When the Committee reconvenes at 10 a.m. on Friday, 10 November, it is scheduled to begin consideration of the fourth periodic report of the Russian Federation (CAT/C/55/Add.11).

Response of Mexico

Responding to a series of questions raised by Committee Experts on Wednesday, 8 November, the delegation of Mexico said that, with regard to independent medical examinations, any accused person under detention could have their own doctors brought in to conduct medical examinations. The Government of Mexico had also provided psychological assistance for those who requested it. In accordance to the Istanbul Protocol to which Mexico was a party, there must be a specialized medical report issued as a legal standard; this currently applied to six states in Mexico. These reports had to be published in an official publication. Moreover, as per the Protocol, there must be a monitoring committee focusing on how to verify how each and very examination was carried out to determine whether there was a need for further examination. There were also training courses conducted for medical experts and investigating personnel.

With regard to the ill treatment of prisoners, the delegation said at present there were eight soldiers being tried for committing crimes concerning ill treatment of women prisoners. As to those found responsible of negligence, it was noted that these soldiers were dismissed from their duties.

Concerning a specific case in the area of Ciudad Juarez, the delegation mentioned that the Government had issued an order to the Inter-American Human Rights Court asking for their opinion. At present, that judgment was still pending. On these cases, it was further noted that there were 34 cases of women who were still missing and around the same number for those whose remains had been discovered but not yet identified.

On the question of detention for violent acts, the delegation said there were such cases currently being investigated by the Office of the Prosecutor. All police suspected of committing such acts were duly investigated and those found guilty were suspended from their duties. The delegation noted that more than 60 federal agents were executed by crime gangs for having been identified in this type of work.

The delegation noted, in response to a question, that the number of persons being held incommunicado had been reduced over recent years, largely due to the work carried out by the National Commission on Human Rights.

Regarding a question of jurisdiction, the delegation noted that if an offence was committed in a local region, the case was handed over to the local prosecutors. However where there were serious cases of violations of human rights, the case was handed over to the national courts.

On a general question, the delegation affirmed that cruel and inhumane and degrading treatment was classified as a crime as per the criminal code.

Concerning rehabilitation for victims of torture, the delegation said there were a number of centres in Mexico to carry out such treatment.

In all, there were 455 detention centres in Mexico, the delegation said in response to a question. Moreover, there were several detention centres exclusively for women.

On questions pertaining to military jurisdiction, the delegation noted that any offence committed by a military person was subjected to the code of military justice which stated that the suspect was held accountable under the federal law.

Responding to a question, the delegation stated that there were 174 cases of torture registered between 1990 and 2005 and 74 convictions of torture during this time span based on the result of a questionnaire sent out by the National Commission on Human Rights.

Concerning cases of torture and/or discrimination against homosexuals, the delegation noted that all such cases were handled by the National Council against Discrimination.

In response to a question, the delegation reported that there were 656 public defenders in Mexico, 62 of whom were women; many of these officials were fluent in local indigenous languages.

As to the national human rights programme and whether it would be renewed, the delegation said the programme would undoubtedly be extended as there was currently a strong culture of human rights in Mexico.

As to the admissibility of international instruments in Mexico, the delegation noted that there was jurisdiction in the courts which placed all international conventions above federal law.

Questions by Committee Experts

CLAUDIO GROSSMAN, the Committee Expert serving as Rapporteur for the report of Mexico, asked, with regard to statutes of limitation, whether international treatments were self-executing and directly applied in domestic law.

Turing to the case of the murders in Ciudad Juarez in 2005, he asked if there was any more concrete information, in particular on the action taken against the 100 officials implicated for negligence.

On the question of military justice, he asked for additional information on the status of the draft reform intended to update the laws applying to members of the military in Mexico.

Response by Delegation

Responding to additional questions raised, the delegation of Mexico said that, with regard to crimes against women, while admitting that there had been problems in terms of producing evidence, perpetrators in general were being brought to court more quickly than compared to in years past.

As to a question on the National Commission on Human Rights, the delegation said the Attorney General of Mexico had not issued any legal action against officials working in the Commission. There were, however, two officials working in the Public Prosecutors Office who were tried for mishandling cases.

On the additional questions raised on military jurisdiction, the delegation stated that any member of the military could be tried by a civilian court at any time. If a person committed an offence against a civilian, than a civilian court would deal with the case.

Questions by Experts

FERNANDO MARINO MENENDEZ, the Committee Expert serving as Co-Rapporteur for the report of Mexico, asked what the situation of asylum seekers who were brought before the courts was.

He also asked for clarification on the procedures by which the Mexican authorities handled cases of forced disappearances.

Response by Delegation

Responding briefly, the delegation said on the question of sterilization of indigenous people that there had never been such a programme.

Answering a question on forced disappearances, the delegation stated that there had not been any such cases in Mexico.