Comisión de Derechos Humanos of Mexico City (CDHDF)

The CDHDF and its powers

The Mexico City Human Rights Commission (CDHDF) is the organisation in charge of investigating complaints and reports of alleged violations of human rights when they are attributed to any authority or public servant that has a job, position or commission in the pubic administration of Mexico City or in the law-enforcing organisations that have local jurisdiction in Mexico City.

The President of the CDHDF, also known as the Defender of the People, is assigned by the Mexico City Legislative Assembly (Asamblea Legislativa del Distrito Federal, ALDF), and his authority is autonomous, that is, it is not subject to any authority or public servant.

The CDHDF works according to its own laws and internal regulations. As stipulated in Article 17 of the Mexico City Human Rights Law, the powers of the CDHDF are to:

  1. Receive complaints of alleged violations on human rights.

  2. Know about and investigate written requests by the people of alleged violations on human rights in the following cases:

    1. By acts or omissions of an administrative matter by public servants or by the Mexico City authorities, which third article of this Law refers to.

    2. When a person or any social agent commits a crime with the consent of a public servant or local authority of Mexico City; or when the latter refuses, on no grounds, to exercise the obligations that they have in relation to these crimes, especially when they affect people’s physical integrity.

  3. Make conciliatory proposals between the people who complain and the authorities or the public servants allegedly responsible, to immediately solve the problem when possible.

  4. Make autonomous public recommendations, reports and complaints before the corresponding authorities.

  5. Compel adherence to human rights in Mexico City.

  6. Suggest to the different authorities in Mexico City, alterations in legislative decisions, and administrative practices that, according to the CDHDF, would lead to better protection of human rights.

  7. Promote the study, teaching and promotion of human rights in its territorial area.

  8. Issue its internal rules and regulations.

  9. Make and orchestrate preventive programmes regarding human rights.

  10. Ensure that the conditions of the people deprived of their freedom in detention, internment and social re-adaptation centres of Mexico City conform with the law, that the individuals’ human rights are fully respected, that medical examinations are performed on prisoners or those arrested when there are allegations of mistreatment or torture, and that the results of the revisions performed are reported to the appropriate authorities. These powers have no prejudice regarding the Human Rights National Commission (CNDH); coordination mechanisms will be used to exercise these powers.

Brief History of the CDHDF

Established on 30 September 1993, the Mexico City Human Rights Commission is the newest public organisation created to protect human rights in Mexico and is based on Article 102, section B of the Mexican Political Constitution.

The Defender of the People first appeared in Sweden at the beginning of the 19th century. The office exists now, in many variations, in many countries of the world. The Defender of the People is a mediator who seeks conciliatory ways to resolve conflicts. He/she is completely autonomous, and has the authority to resolve cases quickly, foregoing long judicial proceedings.

The People whom the CDHDF Serves

Any person that considers that his/her or another person’s human rights have been violated, regardless of his/her social condition, nationality, race, religion, sex, age, marital status, etc., can go to the Mexico City Human Rights Commission.

It is not a requirement to have a lawyer or an agent to make a complaint. A complainant only has to report, in either written or oral form, why he/she believes his/her rights were violated and present any evidence he/she might have. All information presented by the complainant is kept confidential.

All services are direct, free of charge, and operate on a 24h basis all year round.

Legal Authority of the CDHDF

(Article 18 and 19 of the Mexico City Human Rights Commission Law):

The Mexico City Human Rights Commission cannot become involved with cases regarding:

  • Acts and resolutions of electoral organisations or authorities;

  • Resolutions regarding jurisdictional matters;

  • Issues regarding working matters; and

  • Consultations posed by the authorities, citizens or other entities, on the interpretation of constitutional dispositions and of other juridical rules and regulations.

For the purposes of the above Law, jurisdictional resolutions are:

  • The final sentences that conclude the requests;

  • The interlocutory sentences that are brought in during the process;

  • The court orders and agreements passed by the judge, court staff, court or law-enforcing organisation, with a previous evaluation and juridical or legal process carried out before it is issued; and

  • Cases similar to those above concerning administrative issues.

All other acts or omissions of the procedures different to the ones mentioned in the previous sections can be considered to be administrative and, consequently, can be presented before the Mexico City Human Rights Commission.

The Commission does not examine jurisdictional matters.

For further information, please refer to www.cdhdf.org.mx/index.php?id=piwhr