Mexican judges’ obligation to order the investigation of allegations of torture: judicial criteria and pending debates

Abstract

This paper aims to explore and analyze the criteria of Mexican federal courts in relation to the duty of judges to ordering ex officio investigation into allegations of torture expressed in judicial processes submitted to it; and the standards to be met by the investigation to ensure their effectiveness. In order to achieve the objective, this article begins with the presentation of the national and international legislation about torture. Then it continues with a reference of the contents and scope of the due diligence standard in investigation of torture cases; and immediately it starts the study of the criteria of Mexican federal courts about the obligation of judges of informally order the investigation of allegations of torture. Finally, the paper concludes with a reflection on the recent criteria of the federal courts on procedural effects of the breach of the judge’s informal obligations about the investigation regarding alleged acts of torture.