Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
Mexico’s Army and Air Force Manual (2009) states: “The States party to the  Geneva Conventions undertake to: … prohibit torture [and] inhuman treatment.”
In a section on the 1949 Geneva Convention I, the manual also states:
Members of the armed forces and other persons who are wounded or sick must be respected and protected in all circumstances and receive the medical attention required by their condition as promptly as possible. Any attempts upon their lives or violence to their persons are strictly prohibited; in particular, they must not be … subjected to torture.
In a section on the 1949 Geneva Convention II, the manual further states:
111. The [1949 Geneva] Convention [II] provides that members of the armed forces and other persons at sea who are wounded, sick or shipwrecked must be respected and protected in all circumstances …
113. Any attempts upon their lives or violence to their persons are strictly prohibited; in particular, they must not be … subjected to torture.
In a section on the 1949 Geneva Convention III, the manual also states: “No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war.”
Mexico’s IHL Guidelines (2009) states: “War crimes include … ill-treatment” of protected persons.
In a section entitled “Basic rules of conduct in armed conflict”, the Guidelines also states: “Do not mistreat anyone. It is prohibited to torture people or subject them to cruel, inhuman, humiliating or degrading treatment.”
Mexico’s Penal Code (1931), as amended to 2000, provides for the punishment of acts of torture and causing suffering to a member of a national, ethnic, racial or religious group, as part of a genocide campaign.
The Penal Code adds that “compelling the accused to confess by [using] incommunicado
, intimidation or torture” is a crime committed against the administration of justice.
Mexico’s Code of Military Justice (1933), as amended in 1996, provides penalties for persons who mistreat or otherwise cause physical or mental injuries to prisoners and detainees.
In 2004, in its fourth periodic report to the Committee against Torture, Mexico stated:
The Federal Code of Criminal Procedure was reformed in 1994 to include torture in the category of serious offences; it was also established that “the authorities shall in no event and on no account use solitary confinement, intimidation or torture in order to obtain statements from a suspect or for any other purpose” (art. 289).
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