Executive Summary of the Report to the Committee on Enforced Disappearances in View of the Follow-up Dialogue with Mexico

On 13 February 2015 the Committee on Enforced Disappearances adopted its concluding observations on the report submitted by Mexico under Art. 29, para. 1, of the International Convention on the Protection of All Persons from Enforced Disappearance. Pursuant to Art. 29, para. 4, of the Convention, the Committee requested Mexico to provide, by 13 February 2018 at the latest, relevant and updated information on the implementation of the recommendations contained in the concluding observations. On 20 February 2018, Mexico submitted its report and the Committee decided to discuss the contents of the latter during its 15th session. In view of the follow-up dialogue that will take place in November 2018, the Fundación para la Justicia y el Estado Democrático de Derecho and TRIAL International submit an alternative report to the Committee to illustrate the limited implementation of some of its previous recommendations and the remaining obstacles to ensure that Mexico fulfils its obligations under the Convention. The alternative report is submitted in its integral version in Spanish and, with the aim of facilitating the work of the members of the Committee, in this summarised English version. In the light of the areas of work and expertise of the two organisations, the alternative report focuses on the enforced disappearance of migrants and the corresponding international obligations of the State pursuant to the Convention; the pitfalls in the investigation of disappearances and the prosecution and sanction of those responsible; and the absence of adequate guarantees to ensure the independence of prosecutorial authorities and, in particular, of the future Attorney General’s Office. Moreover, reference is made to the main obstacles encountered in the enforcement of the interim measures ordered by the Committee pursuant to Art. 30, para. 3, of the Convention.