Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits such practices and stipulates confessions obtained through illicit means are not admissible as evidence in court, but there were reports that government officials employed them.
There is no national registry of torture cases, and a lack of data on torture cases at the state level.
As of October 31, the CNDH registered 206 complaints of alleged torture and 451 cases of cruel, inhuman, or degrading treatment. NGOs stated that in some cases the CNDH misclassified torture as inhuman or degrading treatment.
News reports indicated that the PGR was examining 4,000 cases of torture in the first nine months of the year. The reports indicated that judges issued 14 arrest warrants for torture, including five arrest warrants for army and federal police members.
In June a report by Amnesty International accused security officials of using sexual and other types of torture to secure confessions from women.
On April 14, a video was posted on social media showing a woman being tortured by two soldiers and members of the Federal Police in an incident that took place in February 2015 in Ajuchitlan del Progreso, state of Guerrero. The secretary of defense, General Salvador Cienfuegos, made an unprecedented public apology. National Security Commissioner Renato Sales also offered a public apology. In January authorities detained two of the soldiers allegedly implicated, and they faced civilian charges of torture as well as military charges of disobeying orders. Authorities suspended members of the Federal Police for their involvement.
On January 20, a federal court in Ciudad Juarez, Chihuahua sentenced army Colonel Elfego Jose Lujan Ruiz (the former commander of the 35th Infantry Battalion in Nuevo Casas Grandes) to 33 years in prison for the 2009 torture, homicide, and clandestine burial of two men. Authorities also sentenced five other convicted former soldiers of the 35th Infantry Battalion; three to 33 years in prison for the same crimes and two to 39 months in prison for torture.
In April authorities sentenced army General Manuel Moreno Avina to 52 years’ imprisonment for the torture, homicide, and destruction of human remains of a man in Chihuahua in 2008. The federal judge also ordered the Ministry of Defense (SEDENA) to offer a public apology and accept responsibility for killing the man. Media reported that, as of October 31, authorities sentenced 21 soldiers who were under Moreno’s command on charges related to torture, homicide, drug trafficking, and other crimes.
Prison and Detention Center Conditions
Conditions in prisons and detention centers were often harsh and life threatening due to corruption, overcrowding, prisoner abuse, alcohol and drug addiction, and lack of security and control.
Civil society groups reported abuses of migrants in some detention centers.
Physical Conditions: In a report published during the year, the IACHR noted that federal and state detention centers suffered from “uncontrolled self-government in aspects such as security and access to basic services, violence among inmates, lack of medical attention, a lack of real opportunities for social reintegration, a lack of differentiated attention for groups of special concern, abuse by prison staff, and lack of effective grievance mechanisms.”
There were numerous cases of corruption in the penitentiary system, including allegations of high-level corruption related to the July 2015 escape of Sinaloa cartel leader Joaquin “El Chapo” Guzman. The IACHR reported that 200 of the 388 penitentiary centers in the country were overcrowded. News reports indicated that Hidalgo State had the most overcrowded prisons and identified the district jail in Tepeaca, Puebla, as the most overcrowded (329 inmates in a jail designed for 49); 239 of the prisoners were awaiting their sentences. In April the CNDH reported that overcrowding in prisons was the main factor in lack of social rehabilitation. Health and sanitary conditions were poor, and most prisons did not offer psychiatric care. Some prisons often were staffed with poorly trained, underpaid, and corrupt correctional officers, and authorities occasionally placed prisoners in solitary confinement indefinitely. Prisoners often had to bribe guards to acquire food, medicine, and other necessities. In some cases prisoners reportedly had to pay a fee to be permitted to visit with family members. Authorities held pretrial detainees together with convicted criminals. The CNDH noted a lack of access to adequate health care was a significant problem. Food quality and quantity, heating, ventilation, and lighting varied by facility, with internationally accredited prisons generally having the highest standards.
The CNDH reported conditions for female prisoners, particularly for women who lived with their children in prison, were inferior to those for men, due to a lack of appropriate living facilities and specialized medical care. There were reports women who lived with their children in prison did not receive extra food or assistance.
The CNDH reported 52 homicides and 23 suicides in state and district prisons in 2015. The CNDH noted in its 2015 report on prisons that 86 prisons did not have a suicide prevention system. On February 11, 49 inmates were killed in the deadliest prison riot in history at the Nuevo Leon state prison of Topo Chico. In June, three prisoners were killed and 14 injured in another riot at the same prison. A senior Nuevo Leon state official cited poor prison conditions and a lack of funding as primary contributing factors for continued violence at the prison.
Administration: At some state prisons, recordkeeping remained inadequate. While prisoners and detainees could file complaints regarding human rights violations, access to justice was inconsistent, and authorities generally did not publicly release the results of investigations.
Independent Monitoring: The government permitted independent monitoring of prison conditions by the International Committee of the Red Cross, the CNDH, and state human rights commissions. Independent monitors were generally limited to making recommendations to authorities to improve prison conditions.
Improvements: In June a new law allowed women to have full custody of their children while in prison until the children reached three years of age.
On June 16, the National Criminal Enforcement Act went into effect, which defines the guiding principles of the prison system to be dignity, equality, legality, due process, transparency, confidentiality, and social reinsertion. The law points out that women require different accommodations than men and identifies the important role community contact plays in successful social reintegration.
Both federal and state facilities sought international accreditation from the American Correctional Association, which requires demonstrated compliance with a variety of international standards. As of September 1, 12 additional correctional facilities achieved association accreditation, bringing the total number of accredited facilities to 42.