E/CN.4/2003/85/Add.2
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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