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Mexico
Practice Relating to Rule 100. Fair Trial Guarantees
Mexico’s Army and Air Force Manual (2009), in a section on the 1949 Geneva Convention III, states: “Procedural guarantees form part of the fundamental guarantees, which means that they must be accorded to all prisoners even if their prisoner-of-war status has not been recognized.” 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 190.
In a section on the obligations of the occupying power under the 1949 Geneva Convention IV, the manual states:
B. In order to ensure that justice is observed, the courts can apply only those provisions of law … which are in accordance with general principles of law, in particular the principle that the penalty must be proportionate to the offence. They must also take into consideration the fact that the accused is not a national of the occupying power.
C. Judicial procedure must be regular. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 238(B)–(C).
The manual also states that Article 3 common to the 1949 Geneva Conventions prohibits “the passing of sentences … without previous judgment”. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 85(B); see also § 107(B).
Mexico’s Army and Air Force Manual (2009), in a section on the obligations of the occupying power under the 1949 Geneva Convention IV, states:
Magistrates and public officials are protected against political pressures. The occupying power may not alter the status of public officials or judges in the occupied territory or apply sanctions or take measures of coercion or discrimination of any kind against them in the event that they abstain from fulfilling their functions for reasons of conscience. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 237(E).
Mexico’s Army and Air Force Manual (2009), in a section on the 1949 Geneva Convention III, states: “Judicial procedure must be regular, that is, it must include at least the following guarantees: … the accused must be presumed innocent.” 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 191.
In a section on the obligations of the occupying power under the 1949 Geneva Convention IV, the manual also states:
C. Judicial procedure must be regular, that is, it must include at least the following guarantees:
c. the accused must be presumed innocent. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 238(C)(c).
Mexico’s Army and Air Force Manual (2009), in a section on the 1949 Geneva Convention III, states: “Judicial procedure must be regular, that is, it must include at least the following guarantees: the accused must be immediately informed of the particulars of the offence he is alleged to have committed”. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 191.
In a section on the obligations of the occupying power under the 1949 Geneva Convention IV, the manual also states:
C. Judicial procedure must be regular, that is, it must include at least the following guarantees:
a. the accused must be immediately informed of the particulars of the offence he is alleged to have committed. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 238(C)(a).
Mexico’s Army and Air Force Manual (2009), on the obligations of the occupying power under the 1949 Geneva Convention IV, states: “The rights of defence are recognized and guaranteed in that the accused has the right … to be defended by a qualified attorney of his own choice”. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 238(c).
In 2004, in its fourth periodic report to the Committee against Torture, Mexico stated:
The accused’s right to a free defence is guaranteed by the Constitution. To give effect to this right, the Federal Advocates’ Unit was replaced by the Public Defenders’ Institute in 1998. The primary aim of the Institute, an auxiliary body of the Council of the Federal Judiciary that investigates, trains and informs members and aspiring members of the federal judiciary, is to guarantee the professionalism of public defenders and legal advisers so as to ensure that the services provided by public defenders are based on the principles of integrity, honesty and professionalism. 
Mexico, Fourth periodic report of Mexico to the Committee against Torture, 28 February 2005, UN Doc. CRC/C/55/Add.12, submitted 20 December 2004, § 217.
In 2006, during the consideration of the third periodic report of Mexico by the Committee on the Rights of the Child, a representative of Mexico stated: “The rights to a defence and a fair hearing and all rights related to due process … [are] respected. The minor … [has] the right to be heard.” 
Mexico, Statement by the delegation of Mexico before the Committee on the Rights of the Child during the consideration of the third periodic report of Mexico, 1 June 2006, UN Doc. CRC/C/SR.1141, § 18.
In 2006, during the consideration of the third periodic report of Mexico by the Committee on the Rights of the Child, a representative of Mexico stated: “The rights to a defence and a fair hearing and all rights related to due process … [are] respected. … The duration of judicial proceedings involving minors … [can] not exceed one month.” 
Mexico, Statement before the Committee on the Rights of the Child during the consideration of the third periodic report of Mexico, 1 June 2006, UN Doc. CRC/C/SR.1141, § 18.
Mexico’s Army and Air Force Manual (2009), on the obligations of the occupying power under the 1949 Geneva Convention IV, states: “The rights of defence are recognized and guaranteed in that the accused has the right to question witnesses or have them questioned, to be defended by a qualified attorney of his own choice”. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 238(c).
In 2006, during the consideration of the third periodic report of Mexico by the Committee on the Rights of the Child, a representative of Mexico stated: “The rights to a defence and a fair hearing and all rights related to due process … [are] respected. The minor … [has] the right … to come face-to-face with … witnesses.” 
Mexico, Statement before the Committee on the Rights of the Child during the consideration of the third periodic report of Mexico, 1 June 2006, UN Doc. CRC/C/SR.1141, § 18.
Mexico’s Army and Air Force Manual (2009), in a section on the obligations of the occupying power under the 1949 Geneva Convention IV, states: “The rights of defence are recognized and guaranteed in that the accused has the right … to call on the services of an interpreter.” 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 238(c).
In 2006, during the consideration of the third periodic report of Mexico by the Committee on the Rights of the Child, a representative of Mexico stated: “The rights to a defence and a fair hearing and all rights related to due process … [are] respected. … There … [are] interpreters for children who … [do] not speak Spanish.” 
Mexico, Statement before the Committee on the Rights of the Child during the consideration of the third periodic report of Mexico, 1 June 2006, UN Doc. CRC/C/SR.1141, § 18.
Mexico’s Army and Air Force Manual (2009), in a section on the 1949 Geneva Convention III, states: “Judicial procedure must be regular, that is, it must include at least the following guarantees: … judgment must be pronounced in the presence of the accused”. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 191.
In a section on the obligations of the occupying power under the 1949 Geneva Convention IV, the manual also states:
C. Judicial procedure must be regular, that is, it must include at least the following guarantees:
e. judgment must be pronounced in the presence of the accused. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 238(C)(e).
Mexico’s Army and Air Force Manual (2009), in a section on the 1949 Geneva Convention III, states: “Judicial procedure must be regular, that is, it must include at least the following guarantees … the accused must not be coerced into confessing”. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 191.
In a section on the obligations of the occupying power under the 1949 Geneva Convention IV, the manual also states:
C. Judicial procedure must be regular, that is, it must include at least the following guarantees:
d. the accused must not be coerced into confessing. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 238(C)(d).
In 2006, during the consideration of the third periodic report of Mexico by the Committee on the Rights of the Child, a representative of Mexico stated: “The rights to a defence and a fair hearing and all rights related to due process … [are] respected. The minor … [has] the right … to refuse to make a statement.” 
Mexico, Statement before the Committee on the Rights of the Child during the consideration of the third periodic report of Mexico, 1 June 2006, UN Doc. CRC/C/SR.1141, § 18.
Mexico’s Army and Air Force Manual (2009), in a section on the 1949 Geneva Convention III, states: “Judicial procedure must be regular, that is, it must include at least the following guarantees: … the judgment must be pronounced … publicly.” 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 191.
In 2006, during the consideration of the third periodic report of Mexico by the Committee on the Rights of the Child, a representative of Mexico stated: “The rights to a defence and a fair hearing and all rights related to due process … [are] respected. … At the request of the minor or the minor’s family, any proceedings … [can] be conducted in private.” 
Mexico, Statement before the Committee on the Rights of the Child during the consideration of the third periodic report of Mexico, 1 June 2006, UN Doc. CRC/C/SR.1141, § 18.
Mexico’s Army and Air Force Manual (2009), in a section on the obligations of the occupying power under the 1949 Geneva Convention IV, states: “All convicted persons must be informed of their rights to appeal and the time limits for doing so.” 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 238(E).
In 2006, during the consideration of the third periodic report of Mexico, a representative of Mexico stated before the Committee on the Rights of the Child: “The rights to a defence and a fair hearing and all rights related to due process … [are] respected. … There … [is] a range of remedies available to minors, including the right to appeal.” 
Mexico, Statement before the Committee on the Rights of the Child during the consideration of the third periodic report of Mexico, 1 June 2006, UN Doc. CRC/C/SR.1141, § 18.
Mexico’s Army and Air Force Manual (2009), in a section on the 1949 Geneva Convention III, states: “Judicial procedure must be regular, that is, it must include at least the following guarantees: … The prisoner cannot be punished more than once for the same act or on the same charge, if it is based on the same law and the same judicial procedure.” 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 191.
In a section on the obligations of the occupying power under the 1949 Geneva Convention IV, the manual also states:
Judicial procedure must be regular, that is, it must include at least the following guarantees:
e. judgement must be pronounced in the presence of the accused, who may not be punished more than once for the same act or on the same charge if based on the same law and the same judicial procedures. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 238(C)(e).