Mexico
City, May 31, 2013
Mexico needs greater political will and concrete action to halt the use
of torture
Today marks the conclusion of the international
mission of the World Organization Against Torture (OMCT), based in Geneva,
Switzerland, and Action by Christians Against Torture (ACAT), headquartered in
Paris, France, to follow up on the recommendations issued by the UN Committee
Against Torture (CAT) to Mexico in December 2012.
The mission began in the state of Guerrero,
where the delegation discussed with local congresspeople and the state human
rights commission the pending legislative reform that would define torture as a
crime. "The adoption of this reform would be an important step forward and
an example for other states of legislative harmonization in accordance with
international standards, since it seeks to ensure effective investigation of
torture and combat impunity," said Andrea Meraz, human rights officer in
the OMCT.
On the other hand, the international delegation
was concerned by the lack of punishment for perpetrators of serious human
rights violations in Guerrero, as in the case of Ayotzinapa, where on December
12, 2011, authorities violently repressed a protest, extrajudicially executing
two students as well as incurring in cases of torture, ill-treatment, and
arbitrary arrest, among other serious human rights violations.
In the northern state of Chihuahua, the delegation
was very concerned by the refusal of authorities to acknowledge the use of
torture in the state, in contrast to the numerous cases of human rights
violations, including torture, documented by civil society. The delegation considered unacceptable that representatives
of the state executive and judicial branches sought to delegitimize the work of
human rights defenders, even asserting that defenders are simply “inventing” cases
in order to seek “a political post”. A
high-ranking judicial authority brought up the well-known case of Israel
Arzate, recognizing that Arzate was tortured but claiming that he was guilty
and a “highly dangerous criminal,” even though the case is pending before the
national Supreme Court. This authority’s
attitude was incompatible not only with the presumption of innocence but also
with the independence that should characterize the judicial branch.
“We are alarmed by the situation in Chihuahua,”
stated Anne Boucher, head of ACAT’s Latin America program. “Civil society, the media, and victims’
families continue to document abuses, but authorities practically never
investigate torture. Torture victims
can’t realistically hope to have access to justice.”
In Mexico City, the delegation met with
representatives of the executive, legislative, and judicial powers. Among the concerns expressed by the international
organizations at the federal level were the lack of independence and promptness
in the application of the Istanbul Protocol and the persistence of arraigo (extended pre-charge detention),
as well as the fact that legislative proposals to reform arraigo aim to shorten the
period of detention rather than abolish it. The delegation also highlighted the need to
reform the Code of Military Justice so that all cases of human rights
violations committed by soldiers are investigated and tried by civilian
authorities. Another topic addressed by
the mission regarding the new criminal justice system was the need to ensure
the exclusion of any evidence obtained under torture and avoid reproducing the
bad practices of the old inquisitorial system in the new adversarial model.
In a meeting with representatives of the office
of the President of the national Supreme Court, the delegation was informed of
protocols and trainings aimed at federal judicial authorities to combat
torture, which are especially relevant in light of the constitutional reforms
in human rights and amparo, as well
as the transition to the new justice system.
The delegation also notes that in its 10th period of
jurisprudence, the Court has issued criteria aimed at excluding evidence
obtained under torture from criminal cases.
It is to be hoped that the leadership of the Supreme Court has a true
and measurable impact in the day to day work of judges throughout the country.
Finally, the delegation recalls that Mexico is
due to send a one-year follow-up report to the UN CAT Committee in November of this
year. Both international organizations
call on the Mexican government to carry out all necessary actions to eradicate torture
and impunity in Mexico.
For additional information:
Andrea Meraz, OMCT: am@omct.org
Anne Boucher, ACAT: anne.boucher@acatfrance.fr
cp_mexico_310513_eng.pdf
2 pages / 1.85 MB
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