however, although the representatives acknowledge that such registers currently exist, they also also pointed out that “in many cases, these registers do not contain complete and accurate information [and] are not filled in immediately, an essential prerequisite for the effective protection of detainees’ human rights.” This register should specify “the time, place and circumstances of the arrest, the place where the detainee will be taken and estimated time of arrival, the detainee’s procedural status, the names of the individuals in charge of the detainee’s immediate physical custody at all times, and the names of individuals in charge of his legal custody.” 239. In their final written arguments, the representatives stated that the General Law of the National Public Security System “requires that an administrative register of detainees be kept and specifies the data to be included, obtained or updated.” However, the representatives also pointed out that this register “merely contains data regarding the individual’s identity and information about the arrest itself, but does not record the place where arresting authority finally sends the detainee; thus, the chain of custody of the individual from the time of his or her arrest is not recorded. Moreover, it does not guarantee access to information about the detainee’s physical whereabouts.” Finally, the representatives argued that “there is no contradiction between a public register of detainees and their rights to [privacy and dignity],” since there are “several mechanisms” for reconciling both these rights and overcoming the obstacle mentioned by the State. 240. In response, the State argued that the representatives acknowledge the existence of a detainees’ register in Mexico, with “features to safeguard their privacy.” The State held that the Federal Act of Transparency and Access to Public Governmental Information and its regulations determine that “the authorities are not authorized to disclose information on personal data, except with the express agreement of the party concerned” and that “under no circumstances, can the information contained in [the register] be provided to third parties.” The State also stressed that this Federal Act also considers as classified any information that “may prevent or hinder actions or measures implemented to prevent a crime, or the authority exercised by the Public Prosecutor during the preliminary inquiry and before the courts of the Federal Judiciary.” In addition to the foregoing, the State mentioned the “Administrative Register of Detentions,” its contents, the need to update the information contained therein and the relevant provision which states that the “Public Prosecutor and the police shall inform anyone who requests information about the arrest of an individual and, if applicable, the authority in whose custody he or she is to be found.” 241. As is evident from the attachments submitted by the State, the constitutional reform of 2008 mentions a register of detainees, 346 the existence of which is not covered by eight years of vacatio legis established in the temporary provisions of the constitutional reform. 347 Similarly, the court records show that Mexico already has a registry system whose purpose is “to inform anyone who 346 Paragraph five of Article 16 of the Political Constitution of the United Mexican States provides that: “[a]ny person may arrest a suspect caught in flagrante delicto, or immediately after the commission of a crime and shall promptly hand over the suspect to the immediate authority, which shall in turn, promptly bring the before the Office of the Public Prosecutor. A register of detainees shall be created […].” Political Constitution of the United Mexican States, supra note 124. 347 Regarding the entry into force of the constitutional reform, the provisional second Article of the Decree of June 18, 2008 states that “[t]he criminal procedural system established in Article 16, paragraphs two and thirteen; 17, paragraphs three, four and six; 19; 20 and 21, paragraph seven of the Constitution, shall enter into force when the corresponding secondary legislation establishes so, without exceeding the term of eight years, from the day following publication of this Decree. […].” Cf. Decree amending and incorporating several provisions of the Political Constitution of the United Mexican States, published in the Official Gazette of the Federation on June 18, 2008 (File of attachments to the answer brief, annex 3, presented in digital format). 87

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