requests information about the detention of an individual.” 348 Regarding the
appropriateness of allowing greater public access to this register and keeping it upto-date, the United Nations Subcommittee on Prevention of Torture, in 2010,
recommended:
[T]hat the Offices of Attorney General develop a system for documenting the chain of
custody of detainees, with a standardized record for logging, immediately and completely,
the essential information about the deprivation of liberty of an individual and about the
personnel responsible for that individual at all times, together with information on the
doctors responsible for certifying the individual’s physical and mental integrity. This should
enable the responsible officials and the persons concerned to have access to this
information, with, of course, due respect for the right to privacy and dignity of persons in
custody. All entries in the record should be signed by an officer and countersigned by a
superior. 349
242. The Court further notes that under the General Law on the National Public
Security System, the information contained in the Register may be provided to
anyone who requests information about an individual under arrest, which allows for
compliance with the purpose of assisting in the defense of the detainees’ rights.
The Court deems it appropriate to require measures to ensure that increased public
access to such information does not affect the right to private life - among other
rights - of detainees.
243. Bearing in mind the foregoing, the Court considers that, within the
framework of the register of detainees currently kept in Mexico, the following
supplementary measures should be adopted in order to reinforce the operation and
usefulness of this system: i) continuous updating; ii) interconnection between the
database of the register and any other relevant databases, establishing a network
that allows each detainee to be easily located; iii) guarantee that the register
respects the requirements of access to information and privacy; and iv) an
oversight mechanism to ensure that authorities comply with the requirement to
update the register.
iv) Training program for civil servants
244. The Commission requested that the Court order the Mexican State to
implement “training programs for civil servants, based on the international
standards established in the Istanbul Protocol so that such civil servants have the
necessary technical and scientific knowledge to assess potential situations of
torture or cruel, inhuman or degrading treatment.” The Commission also asked the
Court to order the State to implement “permanent human rights education
programs within the Mexican Armed Forces, at all hierarchical levels.” For its part,
the State pointed out that “[t]he Public Prosecutor’s Office of Mexico is working to
implement the Istanbul Protocol throughout the country, training the civil servants
of the Public Prosecutor’s Offices.” In addition, the State explained that the Public
Security Secretariat “through the General Directorate of Human Rights organizes
workshops and training programs to prevent torture in the exercise of public
security operations and to improve the implementation of the Istanbul Protocol.”
The also State pointed out that the 2008-2012 National Human Rights Program has
provided training to public servants of the Ministerial Federal Police. It further
indicated that human rights training is provided through the National Human Rights
348
Article 114 of the General Law of the National Public Security System provides that: “[t]he
Public Prosecutor’s Office and the police shall provide information upon request regarding the detention
of an individual and, if applicable, the authority at whose disposal such individual is to be found […].”
(File of attachments to the answer brief, annex 3, presented in digital format).
349
Cf. United Nations. Subcommittee for the Prevention of Torture. Report of May 31, 2010 on the
visit to Mexico (CAT/OP/MEX/1), para. 119.
88
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