E/GN.4/1991/17
page 73
just as in the case of common crimes it is the police which gathers the
evidence and it is the fiscal's office which decides whether, on the basis of
the evidence, a case will be brought against the respondent, it is the task of
the Commission on Human Rights to collect evidence with regard to human rights
violations, but the power to decide whether this evidence is sufficient basis
for a prosecution should be left with the fiscal's office. Giving powers of
prosecution to the Commission would give it a dual function which could be in
violation of the principle of "due process". In spite of these objections,
several members of Congress were of the opinion that the Commission on Human
Rights should eventually be given prosecutory powers, since the present
procedure is complicated and time consuming. As an intermediary solution the
Department of Justice deputized the lawyers of the Commission as Special
Prosecutors. This means that the Commission lawyers can file complaints
directly with the fiscals upon the determination of a prima facie case of a
human rights violation. The decision to prosecute, however, is still made by
the fiscal. Although according to the Commission on Human Rights this measure
has hastened the prosecution of human rights offenders as well as simplified
the process of monitoring human rights cases, other sources expressed concern
about the slow processing of complaints and about the fact that the
Commission, in considering such complaints and determining whether there is a
prima facie case, acted too much as a quasi-judicial body in a dispute between
the applicant and the respondent, instead of taking up the case of the alleged
victim of a human rights violation. In order to speed up the processing of
human rights cases the Secretary of Justice issued on 19 April 1990 a list of
prosecutors designated to handle human rights cases in all cities and
provinces.
226. Another important power of the Commission on Human Rights is the issuance
of clearances for military or police officers who are candidates for
promotion, stating that they have a clean record with regard to human rights
violations.
227. By administrative order of 13 December 1988, the President established a
Presidential Human Rights Committee with the mandate to monitor, on a
continuing basis, the human rights situation in the country and to advise the
President on the proper measures that ought to be taken without delay. The
Committee is chaired by the Secretary of Justice and is further composed of
the Chairman of the Commission on Human Rights, the Presidential Legal
Counsel, one representative each for the Department of National Defense, the
Department of Foreign Affairs, the Senate and the House of Representatives,
and two representatives of private human rights groups. The Committee has
prepared, inter alia, a memorandum of agreement allowing the non-governmental
Medical Action Group (MAG) to give medical aid in evacuation centres and
places of detention and guidelines on evacuations as a result of military
operations. It may be noted, however, that after his return from the
Philippines, the Special Rapporteur received information that, in spite
of this agreement, members of a MAG medical team were allegedly arrested,
questioned and ill-treated during a visit to a gaol they carried out
on 14 November 1990.
228. Mention should be made of various legislative measures which are either
pending before Congress or are under consideration. One of these is a Bill
Providing for a Witness and Benefit Programme to which a person can be
admitted if he is subjected to threats of bodily injury or there is a
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