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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