Practice Relating to Rule 100. Fair Trial Guarantees
Section E. Necessary rights and means of defence
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”.
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.
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.”