In Mexico, torture is a practice that persists and with a high level of impunity, because while in 2023 4,592 investigation files were initiated for this crime, only nine sentences were achieved, eight of them convictions and one acquittal, stated the Observatory against Torture, made up of various organizations.
In the presentation of a report on the matter, Ángel Ferrer, from Documenta, acknowledged that the number of folders has decreased compared to 2022, when they totaled 6,211, although they are more than those of 2021, which were 5,594. However, However, he emphasized that there is “greater stagnation” in the investigations and therefore in the cases that are prosecuted.
During 2022 “82 cases of torture that were being investigated were presented to a judge, in 2023 it was drastically reduced and only 18 were presented,” he pointed out. The above, he explained, responds to the fact that “they stay in the prosecutor’s offices, which generally keep them open for long periods of time, sometimes years and even decades, or they decide not to present them before a judge or they archive the investigation waiting for the new test data is known.”
In the document also in charge of the Miguel Agustín Pro Juárez Human Rights centers and the Justice for Peace and Development centers, prepared with information obtained through requests for information, the Observatory stated that although the complaint is the main way of initiating criminal investigations, in this crime only 10.4 percent began that way. Most were initiated by court hearing.
It indicated that the alleged victims of torture and cruel, inhuman or degrading treatment or punishment registered by the prosecutor’s offices in 2023 totaled 5,786, of which 79.65 percent are men, 14.94 percent women and 5.39 percent without identified sex.
Among the perpetrators of torture, the study showed that more than 44 percent were personnel from state prosecutors’ offices, as well as public security personnel from states and municipalities.
The Observatory indicated that on average each public ministry at the national level was in charge of at least 21.8 cases of torture, if only those initiated in 2023 are counted.
The deputy representative of the UN-DH in Mexico, Jesús Peña, admitted that although in recent years there has been progress in addressing torture, the latest survey by the National Institute of Statistics and Geography (Inegi) carried out among the population deprived of liberty, 64 percent of people reported having suffered acts of psychological violence after arrest, and 48 percent reported having suffered physical attacks.
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What measures or programs has the Mexican government implemented recently to combat the culture of impunity surrounding torture and support victims in their pursuit of justice?
1. What are some of the key findings from the Observatory against Torture’s report on torture in Mexico? Can you provide a breakdown of the number and nature of torture cases reported in 2023?
2. How has the Mexican government responded to these findings? Are there any new initiatives or policies in place to address the issue of torture and impunity?
3. From your experience working with victims of torture, what are some of the major challenges faced by those seeking justice in Mexico? What obstacles do they encounter during the investigation and prosecution process?
4. What role do prosecutors play in addressing torture and ensuring accountability? Are there any particular challenges or shortcomings in the way they handle torture cases?
5. The UN-DH recently conducted a survey among people deprived of liberty in Mexico that found high rates of psychological and physical violence. What does this data tell us about the broader context of torture and human rights violations in the country?
6. How effective are current mechanisms for addressing torture and human rights abuses in Mexico? What more can be done to ensure that victims receive justice and that perpetrators are held accountable?
