MEXICO’S POSITION ON THE OBSERVATIONS OF THE U.N. COMMITTEE AGAINST TORTURE

• The federal government reaffirms its commitment to the fight against torture as part of its obligation to respect, protect and guarantee human rights and it continues its policy of openness to international scrutiny.

• The Mexican government has received the committee’s recommendations and commits to studying them thoroughly in order to implement them.

Today, the United Nations Committee against Torture issued its observations on Mexico’s 5th and 6th Consolidated Report on the implementation of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment after hearing Mexico’s explanation of the report on October 31-November 1, 2012 in Geneva, Switzerland.

The Mexican government has made great efforts to comply with its international obligations on torture and reiterates its full cooperation with the specialized UN human rights mechanisms. It has received the committee’s recommendations and commits to responsibly and thoroughly studying them in order to ensure they are suitably implemented throughout the country.

Mexico is in the midst of an unprecedented process of harmonizing its legal framework with international human rights standards to prevent crimes such as torture, forced disappearance and arbitrary detention, among others. The constitutional reforms that have been made to the criminal justice system, the writ of amparo and human rights demonstrate the progress that has been made in strengthening the democratic rule of law.

This progress has been possible thanks to the collaboration of specialized human rights agencies and to the full cooperation of the Mexican states and different branches of government with the support of civil society.

The committee welcomed its frank and constructive dialogue with the Mexican government and noted with pleasure that the most important human rights instruments have been ratified since the fourth periodic report. It also highlighted the government’s efforts to achieve legislative harmonization to ensure that human rights are protected in Mexico according to existing standards. It particularly stressed the four initiatives aimed at reforming criminal law to so that certain serious crimes, including torture, have no statute of limitations. It also praised the publication of the protocols on the use of force, preservation of evidence and the presentation of detainees to the authorities.

The committee also acknowledged the modifications made to policies and procedures in Mexico to ensure more protection of human rights and to implement the Convention against Torture. It also noted significant regulatory and institutional progress in our country's policies on refugees and migration, gender-based violence and trafficking in persons and on the protection of human rights defenders and journalists. The committee also expressed its appreciation for Mexico’s countrywide training efforts to in order to properly implement the Istanbul Protocol, an international instrument applicable to investigating alleged acts of torture.

The committee commended the recent tendency of the Supreme Court—following the criteria of the Inter-American Court of Human Rights—to ensure the exclusive jurisdiction of the civil authorities in cases of alleged human rights violations committed by members of the armed forces.

The committee also submitted specific recommendations to the Mexican government of which it has taken note. The federal government recognizes that challenges remain in this area and will continue to take all possible steps to address them in compliance with its international obligations. All of the observations make an important contribution to strengthening respect for human rights, which is part of strengthening the democratic rule of law in the country.

The Mexican government reiterates that there is no impunity for the crime of torture, which will not be tolerated, and stresses that all cases will be investigated and those responsible will be sanctioned.