Mexico - OPCAT Situation

Opcat status

OPCAT Ratification April 11, 2005
UNCAT Ratification January 23, 1986
NPM Designated

National Human Rights Commission (Tercera Visitaduría)

NPM Type

Ombuds Institution

NPM Legal Framework

General Law to Prevent and Sanction Torture (26 June 2017) -- Section on the NPM (Articles 72-82)

Inter-ministerial agreement with the Human Rights Commission and National Human Rights Commission's regulation (Article 61).

National Human Rights Commission's Constitutional basis and founding legislation.

Mexico ratified the OPCAT in 2005 and designated the National Human Rights Commission as its NPM two years later through an inter-ministerial agreement, which regulates partly its functions. In addition, amendments were brought to the Commission’s Regulations to better reflect the NPM’s mandate. A specific Unit was established within a department of the Human Rights Commission (Tercera Visitaduría) to perform the function of NPM.

In April 2017, the Congress of Mexico adopted the General Law to Prevent and Sanction Torture and Other Cruel, Inhuman and Degrading Treatment, which also provides a legal basis for the NPM. The law, which entered into force in June 2017, establishes the NPM as a new Department (Visitaduria) within the National Human Rights Commission.

The Subcommittee on Prevention of Torture visited Mexico in 2008 and in December 2016. Only the report of the 2008 visit was made public, as well as the State’s response.

The SPT member Emilio Ginés Santidrian is the SPT Focal Point for Mexico.