Related Rule
Mexico
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 [1949] Geneva Conventions undertake to: … prohibit torture [and] inhuman treatment.” 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 80(C).
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. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 88.
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. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, §§ 111 and 113.
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, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 155.
Mexico’s IHL Guidelines (2009) states: “War crimes include … ill-treatment” of protected persons. 
Mexico, Cartilla de Derecho Internacional Humanitario, Ministry of National Defence, 2009, § 5.
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, Cartilla de Derecho Internacional Humanitario, Ministry of National Defence, 2009, § 14(s).
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. 
Mexico, Penal Code, 1931, as amended to 2000, Article 149 bis.
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, Penal Code, 1931, as amended to 2000, Article 225(XII).
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. 
Mexico, Code of Military Justice, 1933, as amended in 1996, Article 324.
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). 
Mexico, Fourth periodic report to the Committee against Torture, 28 February 2005, UN Doc. CRC/C/55/Add.12, submitted 20 December 2004, § 132.
[footnote in original omitted]
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”. 
Mexico, Fourth periodic report to the Committee against Torture, 28 February 2005, UN Doc. CRC/C/55/Add.12, submitted 20 December 2004, §§ 25–26.
[footnotes in original omitted]