Visit to Mexico - Report of the UN Working Group on Arbitrary Detention

At the invitation of the Government, the Working Group on Arbitrary Detention visited Mexico from 18 to 29 September 2023. The Working Group identified positive developments, including the 2011 constitutional amendments that placed human rights at the heart of the Constitution, the transition since 2008 to an adversarial criminal justice model, the extension of the remedy of amparo to internationally recognized human rights, the 2016 National Criminal Enforcement Act, the introduction of a national register of arrests and detentions, the 2014 legislative amendments to limit the administration of justice by military courts, the National Human Rights Commission and state human rights commissions, which have their legal basis in the Constitution, and the creation of the National Mechanism for the Prevention of Torture.

At the same time, the Working Group noted that arbitrary detention continues to be a widespread practice in Mexico and that there are shortcomings in the criminal justice system, such as the use of preventive custody (arraigo) and mandatory pretrial detention, which violate the right to liberty, the militarization of public security, which has led to an increase in human rights violations, the excessive use of force during arrests, broad interpretations of flagrante delicto, lack of access to qualified legal assistance, attacks on judicial independence, a punitive approach to drug policy, and inadequate detention conditions.

It also noted that arbitrary detention particularly affects members of Indigenous Peoples. Regarding juvenile justice, it noted cases of violence during arrests and a lack of qualified legal assistance. With respect to migration, the Working Group is concerned by the frequent use of detention, which should only be used as a last resort and for the shortest possible time. It is also seriously concerned about the de facto detention of migrant children. Lastly, it observed the absence of procedural safeguards for persons with psychosocial disabilities declared exempt from criminal liability and the imposition of detention measures that may exceed those that would be imposed in criminal proceedings. In addition, involuntary confinement continues to be a recurrent practice.

Among its recommendations, the Working Group encourages Mexico to undertake reforms to eliminate the use of preventive custody and mandatory pretrial detention and to adopt specific practices that provide greater protection against arbitrary detention.