Mexico needs greater political will and concrete action to halt the use of torture
MexicoCity, May 31, 2013
Mexico needs greater political will and concrete action to halt the useof torture
Today marks the conclusion of the internationalmission of the World Organization Against Torture (OMCT), based in Geneva,Switzerland, and Action by Christians Against Torture (ACAT), headquartered inParis, France, to follow up on the recommendations issued by the UN CommitteeAgainst 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 humanrights commission the pending legislative reform that would define torture as acrime. "The adoption of this reform would be an important step forward andan example for other states of legislative harmonization in accordance withinternational standards, since it seeks to ensure effective investigation oftorture and combat impunity," said Andrea Meraz, human rights officer inthe OMCT.
On the other hand, the international delegationwas concerned by the lack of punishment for perpetrators of serious humanrights violations in Guerrero, as in the case of Ayotzinapa, where on December12, 2011, authorities violently repressed a protest, extrajudicially executingtwo students as well as incurring in cases of torture, ill-treatment, andarbitrary arrest, among other serious human rights violations.
In the northern state of Chihuahua, the delegationwas very concerned by the refusal of authorities to acknowledge the use oftorture in the state, in contrast to the numerous cases of human rightsviolations, including torture, documented by civil society. The delegation considered unacceptable that representativesof the state executive and judicial branches sought to delegitimize the work ofhuman rights defenders, even asserting that defenders are simply “inventing” casesin order to seek “a political post”. Ahigh-ranking judicial authority brought up the well-known case of IsraelArzate, recognizing that Arzate was tortured but claiming that he was guiltyand a “highly dangerous criminal,” even though the case is pending before thenational Supreme Court. This authority’sattitude was incompatible not only with the presumption of innocence but alsowith 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 neverinvestigate torture. Torture victimscan’t realistically hope to have access to justice.”
In Mexico City, the delegation met withrepresentatives of the executive, legislative, and judicial powers. Among the concerns expressed by the internationalorganizations at the federal level were the lack of independence and promptnessin 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 theperiod of detention rather than abolish it. The delegation also highlighted the need toreform the Code of Military Justice so that all cases of human rightsviolations committed by soldiers are investigated and tried by civilianauthorities. Another topic addressed bythe mission regarding the new criminal justice system was the need to ensurethe exclusion of any evidence obtained under torture and avoid reproducing thebad practices of the old inquisitorial system in the new adversarial model.
In a meeting with representatives of the officeof the President of the national Supreme Court, the delegation was informed ofprotocols and trainings aimed at federal judicial authorities to combattorture, which are especially relevant in light of the constitutional reformsin human rights and amparo, as wellas the transition to the new justice system. The delegation also notes that in its 10th period ofjurisprudence, the Court has issued criteria aimed at excluding evidenceobtained under torture from criminal cases. It is to be hoped that the leadership of the Supreme Court has a trueand measurable impact in the day to day work of judges throughout the country.
Finally, the delegation recalls that Mexico isdue to send a one-year follow-up report to the UN CAT Committee in November of thisyear. Both international organizationscall on the Mexican government to carry out all necessary actions to eradicate tortureand impunity in Mexico.
For additional information:
Andrea Meraz, OMCT: am@omct.org
Anne Boucher, ACAT: anne.boucher@acatfrance.fr