E/CN.4/2003/85/Add.2 page 12 a special diet. It was claimed that employees at the centre regularly removed the food for that diet from his meals. Owing to his condition, he required special assistance, for example, in order to clean himself; such assistance was not provided by officials at the centre. Another occupant reportedly took care of him for two months, assisted only by an NGO. 32. The Special Rapporteur was informed that another migrant holding centre had been established at the naval base in Champotón (Campeche). According to the information received, among the migrants transferred to the base were some who had claims pending before the National Human Rights Commission or other bodies. Owing to the remoteness of the base, it would be difficult for most organizations wishing to provide legal assistance to reach these migrants. 33. The Special Rapporteur was also informed of alleged abuses committed by police officers against migrants in migration facilities or holding centres. Of the cases reported, the Special Rapporteur is particularly concerned at the situation of Luis Castillo Sepúlveda, who was allegedly beaten by an INM official and two policemen, whose faces were covered, while he was being held in the Federal District holding centre; as a result of the beating, he lost three teeth and was left with a scar resulting from his injuries. He is said to have spent 18 days in isolation without receiving any assistance, after which he was taken to an emergency hospital. The Special Rapporteur would like to receive updated information on the investigation of the complaints lodged by the alleged victim. 34. The Special Rapporteur observed that the majority of persons held in these centres had no access to consular assistance owing to many countries’ lack of consular representation in Mexico City and other important points in Mexico. The lack of consular assistance is contrary to international law and can result in other abuses, including prolonged detention. The Special Rapporteur was informed by consular authorities of the economic difficulties that their consulates face and the resulting difficulty in fully carrying out their functions. 35. With regard to the deportation of migrants, the Special Rapporteur is concerned at Mexico’s reservation to article 22, paragraph 4, of the International Convention on the Protection of the Rights of Migrant Workers and Members of Their Families pursuant to article 33 of the Constitution of the United Mexican States and article 125 of the General Population Act. Under that reservation, the principle according to which migrant workers have the right to appeal against orders for their expulsion, unless compelling reasons of national security require otherwise, is denied. Also pursuant to article 33 of its Constitution, Mexico entered a reservation to article 13 of the International Covenant on Civil and Political Rights. Similarly, Mexico has made a reservation to article 32 of the Convention relating to the Status of Refugees, an article that protects refugees against arbitrary expulsion. The Special Rapporteur fears that the provisions of article 33 of the Constitution, together with article 125 of the General Population Act and the above-mentioned reservations, leave a margin of discretion that may give rise to arbitrary acts jeopardizing migrants’ full exercise of their human rights.4

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