E/CN.4/1991/17
page 86
274. In light of the above-mentioned considerations the Special Rapporteur
wishes to make a number of recommendations. Before doing so, however, he
wishes to point out that several of the proposed measures are already included
in legislative instruments pending before Congress. Compliance with such
recommendations could therefore be achieved rather easily.
(a) The position of the Philippine Commission on Human Rights should be
strengthened, both with regard to its competences and its infrastructure, in
order to enable it to carry out its task more effectively. In particular the
Commission should be provided with prosecutory powers;
(b) The Commission should review and evaluate its methods of work in
order to perform its functions in a more efficient way, thus enhancing its
credibility as an independent body that can be accepted by all strata of
society as the guarantor of the respect for human rights in the country;
(c) Legislative measures should be adopted to establish a national
civilian police force;
(d) Jurisdiction over offences committed by members of the armed forces,
including the police, against civilians should be returned to the civil
courts; an exception for service-connected offences should be formulated
strictly;
(e) Measures should be taken to ensure that visits by lawyers and
doctors to persons under detention should be conducted immediately after
detention and should be held regularly and without hindrance, intimidation or
harassment of the legal and medical personnel who carry out their professional
duties;
(f) Measures should be taken to strengthen and make more efficient the
protection given to persons wishing to give evidence on cases of torture and
other human rights violations, as well as their relatives, against reprisals,
harassment and intimidation;
(g) Legislative or administrative measures should be taken to provide
victims of human rights violations, including torture and inhuman treatment,
with adequate compensation. In the case of victims of torture such measures
are called for by article 14 of the United Nations Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which the
Philippines is a party. A finding of the Philippine Commission on Human
Rights or any other competent investigative body that a person has been
tortured while under detention should be sufficient for such compensation,
irrespective of whether the torturer can be identified;
(h) Persons charged with having practised torture should be brought to
trial speedily and, when found guilty, severely punished;
(i) All interrogations of persons who have been deprived of their
liberty should be recorded and the names of all persons who were present
during such interrogations should be given;
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