89
236. The Commission requested the Court to order the State “to adopt
legislative, administrative and any other similar measures in order to adapt the
Mexican legislation and practices to Inter-American standards regarding torture.”
In turn, the representatives called the attention on the omission to classify the
crime of torture in the state of Guerrero, which, according to them, “it is a flagrant
violation of article 6 paragraph two of the Inter-American Convention to Prevent
and Punish Torture.” In this regard, the Court concluded in the above mentioned
paragraphs (supra para. 207) that the allegations presented on this issue did not
constitute a violation of Article 2 of the American Convention, which is why it is not
appropriate to order a measure of reparation for this matter.
iii) Adopting a mechanism for a public and accessible registry of detainees
237. The Commission requested the “adop[tion of] the necessary measures in
order to guarantee the prompt presentation of any detainee before a judge or any
other official with sufficient authority to control the lawfulness of such detention.”
238. The representatives requested “the creation of a public registry of detainees,
which should be accessible and immediate,” wherever “individuals who are charged
with a crime are detained before appearing before the competent court.” Such
registry should specify the name of the civil servant in charge of the investigation;
although the representatives recognized that there were detainees registries, they
also also pointed out that “such registries do not contain, in many cases, full and
truthful information [and the]y are not updated immediately; a fundamental prerequirement for the effective protection of the human rights of detainees.” Such a
registry shall specify “the time, place, detention circumstances, place where the
detainee shall be taken and estimated arrival time, arrival time, the detainee’s
procedural status, names of individuals in charge of the immediate physical custody
of the detainee at all times, and names of individuals in charge of the legal custody
of the detainee.”
239. In their final written arguments, the representatives informed that the
General Act of the Public Security National System “sets forth that an
administrative registry of detainees must be kept as well as the data to be
included, obtained or updated;” but the representatives also sustained that such
registry “only gathers the identification data of the individual and the information
about the detention, but it does not record the place where the detention authority
finally sends the detainee; thus, the chain of custody of the individual as from his
or her detention is not recorded. Access to information on where the detainee is to
be found physically is not guaranteed either.” Lastly, the representatives argued
that “there is no contradiction between a public registry of detainees and their
rights to [privacy and dignity],” since there could be “technical ways” to reconcile
both rights and overcome the obstacle mentioned by the State.
240. In view of the above, the State alleged that the representatives recognize
that a registry of detainees is kept in Mexico, with “certain characteristics that
safeguard the privacy.” The State sustained that the Federal Act of Transparency
and Access to Public Governmental Information and its regulation determine that
“the authorities are not authorized to disclose information about personal data,
unless there is an express authorization by the interested party” and that “under
no circumstances, can the information contained in [such registry] be provided to
third parties.” Likewise, the State stressed that such act also sets forth that any
information that “may prevent or hinder the actions or measures implemented in
order to avoid committing [crime], or the power exercised by the Public Prosecutor
during the preliminary inquiry and before the courts of the Federal Judiciary” is
classified. Apart from the above, it referred to the “Administrative Detention
Registry,” its contents, the need to update the information therein and the
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