FEDERAL LAW TO PREVENT AND PUNISH TORTURE
Official Journal of the Federation December 27, 1991
Last published reform DOF January 10, 1994
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
CARLOS SALINAS DE GORTARI, Constitutional President, of the United Mexican States, to its inhabitants, known:
What the H. The Union Congress has been used to address the following:
D E C R E T O
" THE CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:
FEDERAL LAW TO PREVENT AND PUNISH TORTURE
ARTICLE 1o.- This Law is intended to prevent and sanction torture and will be applied throughout the national territory in Materia de Fuero Federal and in the Federal District in Materia de Fuero Común.
ARTICLE 2o.- Federal Executive agencies related to the procurement of justice will carry out permanent programs and establish procedures for:
I.- The orientation and assistance of the population in order to monitor the exact observance of the individual guarantees of those persons involved in the commission of any criminal wrongdoing.
II.- The organization of training courses for your staff to promote respect for human rights.
III. The professionalization of their police corps.
IV.- The professionalization of public servants involved in the custody and treatment of any person subject to arrest, detention or imprisonment.
ARTICLE 3o.- Comet the crime of torture the public servant who, on the occasion of his attributions, inflict on a person serious pain or suffering, be physical or psychic with the purpose of obtaining, torturing or third-party information, information or a confession, or punishing it for an act committed or suspected of having committed, or coercing it to perform or stop performing a particular conduct.
Any inconvenience or penalties that result solely from legal sanctions, which are inherent or incidental to them, or arising from an act shall not be considered as torture. legitimate authority.
ARTICLE 4o.- To whom the crime of torture is committed, prison will be applied from three to twelve years, from two hundred to five hundred days fine and disablement for the performance of any office, employment or public commission for up to two years of the period of deprivation of liberty imposed. For the purposes of the determination of the days fines will be provided for in article 29 of the Criminal Code for the Federal District in the Matter of Common Fuero, and for the entire Republic in Matter of Federal Fuero.
ARTICLE 5o.- The penalties provided for in the previous article shall apply to the public servant who, on the occasion of the exercise of his office, with any of the purposes indicated in Article 3o, instigates, compacts, or authorizes a third party or serves as a means of inflicting serious pain or suffering on a person, whether physical or mental; or does not prevent such pain or suffering from being inflicted on a person who is under his or her custody.
The same penalties shall apply to the third party who, for any purpose, instigated or authorized, explicitly or implicitly, by a public servant, inflict severe pain or suffering are physical or psychic to a detainee.
ARTICLE 6o.- They will not be considered as excluding causes of responsibility for the crime of torture to be invoked or there are exceptional situations such as political instability. internal, urgent in the investigations or any other circumstance. The order of a hierarchical superior or any other authority may not be invoked as justification.
ARTICLE 7o.- At the time that any detainee or inmate requests it, it must be recognized by a legal medical expert; and in case of lack thereof, or if it is required in addition, by a optional of your choice. The person making the recognition shall immediately issue the certificate in question and, in the event of the assessment of the pain or suffering, of the items referred to in the first paragraph of Article 3o, he shall inform the competent authority.
The medical recognition request can be made by the detainee or inmate defender, or a third party.
ARTICLE 8o.- No confession or information that has been obtained by torture may be invoked as evidence.
ARTICLE 9o.- There will be no probative value of the confession rendered to a police authority; nor the surrender to the Public Ministry or judicial authority, without the presence of the the defendant or person of trust of the defendant and, where applicable, of the translator.
ARTICLE 10o.- The person responsible for any of the offences provided for in this law shall be obliged to cover the costs of legal, medical, funeral, rehabilitation or any other type, in which the victim or his or her family members have incurred, as a result of the offence. It shall also be obliged to repair the damage and to compensate for the damage caused to the victim or its economic dependents, in the following cases:
I.- Loss of life;
II.- Health alteration;
III.- Loss of freedom;
IV.- Economic revenue loss;
V.- Work Incapacity;
VI.- Loss or damage to property;
VII.- Reputation Menoscape.
To fix the corresponding amounts, the judge will take into account the extent of the damage caused.
The State shall be obliged to repair the damages in the terms of Articles 1927 and 1928 of the Civil Code.
ARTICLE 11o.- The public servant who in the exercise of his or her duties is aware of a torture, is obliged to report it immediately, if he does not do so, will be imposed three months to three years in prison, and from fifteen to sixty days fine, without prejudice to other laws. For the determination of the fine days will be the remission that is made in the final part of article 4. of this order.
ARTICLE 12o.- The provisions of the Criminal Code for the Federal District in the Matter of Common Fuero, and for the entire Republic, shall apply in all matters not provided for in this law. in Materia de Fuero Federal; the Federal Code of Criminal Procedures; the Code of Criminal Procedures for the Federal District and the Regulatory Law of Article 119 of the Political Constitution of the United Mexican States.
FIRST.- This law shall enter into force on the day following its publication in the Official Journal of the Federation.
SECOND.- The Federal Law to Prevent and Punish Torture, published in the Official Journal of the Federation on May 27, 1986, is repealed; but it must continue to be applied for crimes committed during its lifetime, unless the defendant manifest their willingness to avail themselves of this law.
Mexico, D. F., December 12, 1991.-Sen. Artemio Iglesias Miramontes, President.-Dip. Martin Tavira Uriostegui, President.-Sen. Antonio Melgar Miranda, Secretary.-Dip. Irma Piñeiro arias, Secretariat.-Heading. "
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States and for their proper publication and observance, I hereby exempt the present Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, on the sixteen days of December of a thousand nine hundred and ninety-one.- Carlos Salinas de Gortari.-Heading.-The Secretary of Government, Fernando Gutierrez Barrios.-Heading.