E/CN.4/1991/17
page 85
act of torture obtains redress and has an enforceable right to fair and
adequate compensation, including the means for as full rehabilitation as
possible. A person who, during the investigation, has, beyond reasonable
doubt, been found to be tortured while under detention is entitled to
compensation even if the person of the torturer cannot be identified.
Article 14 is an expression of the rule that the State is responsible for the
acts of its organs. The rules of criminal evidence are not pertinent in this
respect.
271. Secondly, even if the torturer cannot be identified in person, the place
where the victim has been tortured usually can be ascertained. This makes it
possible to take action against the commanding officer even if he did not
participate in the interrogation himself. Severe disciplinary measures should
be taken against all officers who wittingly or unwittingly allow torture to be
practised in the places of detention under their command. They must be deemed
to be aware of, and therefore may be held responsible for the acts of their
subordinates. A standing order should be given that all interrogations are
duly recorded with the names of all persons who have participated in the
interrogation. In this way the issuance of clearances by the Philippine
Commission on Human Rights for military or police officers who are candidates
for promotion becomes more meaningful. The Special Rapporteur was told that
this system is not very effective since most human rights violators are not
officers but belong to the rank and file, especially in the rural areas. It
is, however, not enough that an officer has clean hands himself in order to be
fit for promotion, for it is also part of his reponsibility to take due care
that the persons under his charge have clean hands.
272. The present Government has taken highly important measures to restore the
rule of law in the country. It has ratified virtually all relevant
international instruments; a Philippine Commission on Human Rights was
established with clear tasks in the field of protection and promotion of human
rights; educational and training programmes have been set up and in most
administrative branches guidelines regarding respect for human rights have
been issued. In spite of all these highly commendable measures, serious human
rights violations, including torture and inhuman treatment, continue to occur
throughout the country. This can only mean that the Government must
strengthen its hold on the various executive branches and that the corrective
mechanisms must be made more effective. Preventive measures alone are not
enough since they lose their credibility if corrective measures are felt to be
deficient.
273. It is a tragedy that the 1986 revolution, in spite of high hopes, has not
led to greater unity in the country. The nation has remained deeply divided
on political and moral issues and the present human rights situation reflects
that division. All efforts, therefore, should be given to the process of
reconciliation. In this respect it may be worth while to repeat the words of
the President of the Senate, Jovito R. Salonga, pronounced during an address
delivered on 1 October 1990: "The final objective is not to reach agreement
on all substantive issues. It should be enough that agreement is reached on
how to resolve disagreements and conflicts. Unanimity is not a pre-condition
to unity."
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