26th session of the Human Rights Council: Statement delivered during the interactive dialogue with the Special Rapporteur on extrajudicial, summary or arbitrary executions

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Oral statement delivered by the WorldOrganisation Against Torture (OMCT), a non-governmental organisation withgeneral consultative status

Thankyou, Mr. President.

Firstof all, the World Organisation Against Torture (OMCT) welcomes the report ofthe Special Rapporteur on extrajudicial, summary or arbitrary executions on “theprotection of the right to life during law enforcement” operations which drawsupon the legislation of 146 countries on the use of force.

Mr.Special Rapporteur,

OMCTencourages the continuation of the study and supports the identification andinclusion of good legal practices to guide States in bringing laws andregulations in line with the obligation to respect and protect the right tolife.

However,OMCT remains deeply concerned about the pervasive and persistent lack ofadequate implementation at the country level to prevent and punish violationsof the right to life and the right to be free from torture and other ill-treatment,particularly in the context of the policing of assemblies. OMCT wishes to drawthe attention to the inextricable link between the proliferation of restrictivelaws on peaceful assembly and the increase in the presence and diversity ofrepressive responses. Instead of realizing the positive duty to facilitate theexercise of freedom of assembly minimizing conflict through strategiesfavouring mediation and negotiation, States opt for the suppression of dissentand resort to heavy handed crowd management strategies, including the use oflethal force.

Wehope that your efforts help triggering such reforms, in this setting we wouldwelcome concrete and publicly accessible monitoring mechanisms to ensure thatStates take action. However, do you intend to monitor laws on the use of forcealongside with laws regulating the exercise of freedom of assembly? OMCT is concernedthat fundamental change regarding the use of force and firearms in the contextof assemblies can only occur if the control paradigm gives way to a facilitationparadigm. The narrow notion of “public space” entrenched in many domestic legalframeworks must be replaced with a more pluralistic one that welcomes andfacilitates the exercise of freedom of assembly even if it creates some levelof disruption.

Mr.Special Rapporteur, turning to your report on your mission to Mexico,

OMCTand its member organizations in Mexico, Comisión Mexicana para la Defensa yPromoción de los Derechos Humanos, Centro Prodh and Centro de Derechos Humanosde la Montaña “Tlachinollan” welcome the report. The report extensively coversthe multifaceted challenges and shortcomings of the legal framework andimplementation related to the use of force and accountability. Statistics concerningthe execrable levels of violence and violations of the right to life plaguingthe country can only worsen if the militarization of internal security and thestructural impunity continue.

Inthis context, we urge the Mexican authorities to endorse and implement therecommendations of the Special Rapporteur. We believe that to tackle theendemic impunity and curb the alarming level of loss of life the Mexicanauthorities should swiftly mobilize efforts to create an independent nationalforensic institute to help guarantee professionalized and scientificinvestigations of extrajudicial executions as well as fair, evidence-basedtrials in the criminal justice system. It is also essential that Mexico createsand enforces a federal law on the use of force that complies with internationalstandards in order to uphold the “protect life” principle and facilitateaccountability for the excessive use of force against demonstrators and others.We further highlight the Rapporteur’s recommendation for Mexico to create a“safe corridor” for migrants in transit and call on the government to takeeffective measures to address the extremely grave situation of this population.

Mr.Special Rapporteur,

Wewould like to know what concrete steps will be taken under your mandate toensure that Mexico meets its international obligations. We believe that itwould be of great help if emblematic cases such as the the case ofAyotzinapa, in which two students were killed during the forced eviction of astudent protest in Guerrero in December 2011, are closely followed up upon toensure that the end of the impunity for crimes committed by public officials isno longer an illusion, but a reality. This also includes crimes of past decades,such as the extrajudicial execution of Diego Lucero, mentioned in your reportas a “particularly shocking” example of crimes committed during the “DirtyWar”, all of which remain in impunity today.

Wethank you.