Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
In 2004, in its fourth periodic report to the Committee against Torture, Mexico stated:
25. Article 3 of the Federal Act to Prevent and Punish Torture of 1991 defines torture as follows:
The offence of torture is committed by a public servant who, by virtue of his office, inflicts on another person severe pain or suffering, whether physical or mental, for the purpose of obtaining from him or a third person information or a confession or punishing him for an act he has committed or is suspected of having committed, or coercing him into acting or refraining from acting in a particular manner.
The Act is applicable throughout Mexico in respect of federal offences.
26. Article 5 of this law establishes that the offence is also committed by
a public servant who, in performing his duties and for any of the purposes referred to in article 3, incites, compels, authorizes or makes use of a third party to inflict serious pain or suffering, whether physical or mental, on another person, or who fails to prevent such pain and suffering from being inflicted on a person in his custody
[…] as well as by “a third party who, for any purpose, has been incited or authorized, whether explicitly or implicitly, by a public servant to inflict serious pain or suffering, whether physical or mental, on a prisoner”.
[footnotes in original omitted]