HUMAN RIGHTS COMMITTEE CONCLUDES CONSIDERATION OF REPORT ON MEXICO

AFTERNOON


HR/CT/99/14
16 July 1999




Terms Torture-Prevention Law Inadequate; Cites Concern
Over Militarization of Public Security


The Human Rights Committee issued preliminary conclusions and recommendations this afternoon on a fourth periodic report of Mexico, with its Chairperson expressing concern that a law on prevention of torture was inadequate because of the absence of an independent body to investigate allegations of such ill-treatment.

The panel also cited concern over an absence of information on the circumstances under which arrests could be made by police; over a continuing state of emergency in the Mexican state of Chiapas; and over what was termed a militarization of public-security operations.

Final, written observations and recommendations on the report will be issued by the Committee towards the end of its three-week session, which concludes on 30 July.

Mexico, as one of 144 States parties to the International Covenant on Civil and Political Rights, must submit periodic summaries to the Committee of national efforts to implement the provisions of the treaty.

When the Committee reconvenes at 10 a.m. on Monday, 19 July, it will take up a fourth periodic report of Poland (document CCRP/C/95/Add.8).

Discussion

At the beginning of the meeting, a number of Committee experts raised additional queries on such issues as the promotion of the rights of women; the spread of allegations of torture; the assistance provided to non-governmental organizations by the Government; the administration of justice; and recent assassinations of journalists.

An expert observed that the high degree of violence and impunity had been reported by a number of organizations working in Mexico. The expert said women were particularly vulnerable to such violence, and asked the delegation to explain the situation.

Another expert said that a certain amount of regression had been remarked in the administration of justice, with the military interfering in the judiciary, and adding that journalists were targets of all sorts of repression, including assassinations.

In response to a number of queries raised by Committee experts, the delegation said the right to form political parties was guaranteed by law. Recently six political parties had registered officially to run in the next parliamentary elections. Although political parties flourished from time to time, their survival was determined by the results they obtained in a given election, Government officials said. Only parties obtaining a minimum of two per cent of the vote might recuperate enough of their campaign expenditures to guarantee their survival.

With regard to prison conditions, a Mexican official said that any punishment consisting of torture or cruel treatment with unnecessary violence towards prisoners was prohibited. In addition, the rights and guarantees of detainees and prisoners were set out in the laws and regulations governing the execution of prison sentences.

A suspect apprehended by police could not stay in police custody for more than 72 hours pending the time he was brought before a judge, the delegation said. And confessions extracted by means of torture or any other type of coercion might not be accepted as admissible in court if the defendant claimed a violation had been committed.

On questions of discrimination against women in employment, the delegation said such offences were not a deliberate act on the part of the Government; if such cases existed, they were mainly due to the mentality of society and to prevailing traditional attitudes. However, obstacles encountered by female employees had been reduced, allowing them to integrate themselves in all sectors of economic activity. In the past, companies employing women used pregnancy tests as a prerequisite to employment, but at present such actions were prohibited.

The Mexican delegation said that since the eruption of conflict in the state of Chiapas, the Government had taken a series of measures to improve the situation. Since the signing of the San Andres Agreement between the Zapatista National Liberation Army and the Government of Mexico, additional efforts had been made to solve the problems of all indigenous communities, including those in Chiapas. The sympathizers and supporters of the Zapatista Liberation Army enjoyed all rights and freedoms granted citizens in general, the delegation said.

Asked about military intervention in civilian affairs, the delegation said there had been sufficient grounds for the coordination of civilian and military activities. The participation of the military in public security had always been taken under civilian authority, the delegation said; similarly, military involvement in drug trafficking had been sanctioned by civilian courts and not by military tribunals.

Responding to a remaining cluster of written questions, the delegation said that journalists could exercise their profession just as any other Mexican citizen could. However, the Government had not put in place special protection measures for journalists. Recent incidents of assassination of journalists could not be attributed to the Government, said the delegation. Most cases of murder and harassment of journalists were related to published information regarding drug traffickers, said the delegation.

Concerning the principle of the prohibition of discrimination and protection of the rights of persons belonging to minorities, the delegation stressed that priority had been given to ensuring that all sectors of Mexican society acquired an understanding of and applied human rights, and knew of relevant human-rights institutions. The Government believed that those measures would create a human-rights culture and eliminate violations arising from practices such as racism, xenophobia and racial discrimination. Furthermore, the law protected indigenous communities and ensured their full rights of ownership of communal land.

Preliminary Observations and Recommendations

In preliminary observations and recommendations, Chairperson Cecilia Medina Qoiroga said that some of the measures undertaken by the Government of Mexico suggested positive trends in its human-rights performance. However, she expressed concern that Mexican law on prevention of torture was inadequate because of the absence of an independent body to investigate allegations of torture. She also cited concern over an absence of information on the circumstances under which police could make arrests; the problem of military intervention in public-security situations; the trials of civilians by military courts; the use of written procedures instead of public hearings in courts; the continuing state of emergency in the Chiapas state; and the status of freedom of expression in Mexico.