E/CN.4/1991/17
page 82
about his alleged torture. He was arrested on 25 March 1990 by CAPCOM
personnel and accused of being an NPA "sparrow member". He was later charged
with murder, theft and violation of PD 1866 (illegal possession of weapons in
furtherance of rebellion). His torture, by CAPCOM personnel, allegedly
started immediately following his arrest and consisted of mauling, pouring of
spiced vinegar into his nose and mouth, electric shocks applied to various
parts of his body, including his genitals, and being subjected to "Russian
roulette", with a gun pointed at his head. He was allegedly again subjected
to similar torture on 11 April 1990, and was later placed in a small cell full
of ants. The next day he was allegedly again tortured by electric shocks.
Afterwards he was returned to the Pasay City gaol and a doctor examined him,
but the examination was limited to his wrist, which was bruised from the
handcuffs. The rest of the body was not examined. The case of Isidro de Lima
was reportedly at present being considered by the Philippine Commission on
Human Rights (PCHR).
261. In this context it may be noted that on 24 October 1990 the Philippine
Mission to the United Nations Office at Geneva addressed a letter to the
Special Rapporteur, in reply to his letter dated 6 June 1990, informing him
that the PCHR was investigating the cases transmitted by that letter. The
PCHR further suggested that the investigation of future cases would be
expedited if non-governmental organizations could be encouraged to bring
alleged violations of human rights to its attention at the same time they were
reported to the Special Rapporteur, to enable it to take immediate action.
The Special Rapporteur wishes to endorse this suggestion by the PCHR. He
agrees with the Ambassador and Permanent Representatives of the Philippines
that reporting alleged violations of human rights to him and to the PCHR at
the same time would enable the wheels of justice to move faster and in the
right direction.
4.
Evaluation and recommendations
262. The long-yearned fall of the dictatorship of President Marcos in 1986 has
not brought the Philippines the period of stability and concomitantly a
restoration of the rule of law which was the goal of the peaceful and
bloodless revolution. The nation is deeply divided and even the armed forces,
the most powerful entity in the country, are fragmented. The ongoing
hostilities with an influential insurgent force provides a situation of
internal strife which so often is conducive to violations of human rights.
The ultimate aim of suppressing armed insurgency is seen as the highest value
under such circumstances. In the case of the Philippines the situation is
worsened by the fact that certain urban guerrilla units (the so-called
sparrow-units) attack and kill personnel belonging to the armed forces and the
police. The fact that they operate in quasi-anonimity contributes to the
sphere of suspicion and mutual fear, for in the eyes of the military each
citizen may be a potential threat. Human rights organizations which come to
the support of persons who allegedly have been deprived of their most basic
rights are themselves seen as allies of the insurgents and consequently are
harassed. It is for this reason that the decision of the Supreme Court of
9 July 1990 on warrantless arrest, referred to earlier, has drawn so much
criticism. The Special Rapporteur was informed that this decision might even
lead to the curtailment of other fundamental rights like freedom of expression
and of peaceful assembly. If a person can be arrested on the suspicion of
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