Reforms to draft federal code leaves door open for torture in Mexico

Thursday, April 12, 2012

The APT has joined a number of other human rights organisations to urge the Commission of Justice of the House of Representatives (Cámara de Diputados) in Mexico to modify the new draft Federal Code of Criminal Procedures. The proposed new code includes three exceptions to the rule that evidence obtained through torture or other human rights violations can never be used.

The prohibition to use evidence obtained through torture is established in the reformed Mexican Federal Constitution from 2008 and was confirmed by the Inter-American Court of Human Rights in the case of Cabrera García and Montiel Flores against Mexico. The court stated that the rule of exclusion of coerced evidence “holds an absolute and non-derogable character”. Any exception to this fundamental principle leaves the door open for torture during the investigation of crimes.

It is therefore imperative that the Commission of Justice of the House of Representatives modifies the current draft of the Code and removes any exception to the absolute prohibition of using evidence derived from human right violations, in accordance to international human rights treaties and the Mexican Federal Constitution. Read the public statement (in Spanish).