In the Concluding Observations of the fifth periodic report of Mexico, the Committee expressed a concern that in some regions of Mexico certain rights have been subject to derogation in the context of the fight against organized crime and increasing level of human rights violations by the military involved in securing of public order. The Committee stressed that the military courts of the State have jurisdiction over human rights violations committed by the military personnel and that victims of those violations did not have access to proper remedies, including “amparo”.
The Committee also expressed concern regarding the legality of the use of "arraigo penal" in the context of combating organized crime which allows to hold an individual under the detention for up to 80 days without charge without bringing him before a judge and without the necessary legal safeguards under article 14 of the Covenant. Moreover, the Committee stressed that persons detained under "arraigo" were subject to ill-treatment.
Citation: UN Human Rights Committee. 'Concluding Observations on Mexico' (2010) CCPR/C/MEX/CO/5