E/CN.4/1991/17
page 72
the Fiscal's Office, after having been investigated by the Commission, with
civilian courts and 273 with military courts. Of these 549 cases, 86 had been
resolved. According to information received from the armed forces 14 military
men including 2 officers were tried and disciplined for human rights
violations during the period January 1989 until May 1990. Penalties consisted
of demotion, suspension from service or forfeiture of rights.
223. The existence of an independent Commission on Human Rights with
investigating powers is a rather unique phenomenon. The Commission has a
staff of about 600 persons in its headquarters in Manila and 12 regional
offices. The staff includes lawyers, investigators and a small medical unit.
Next to its investigative powers with regard to human rights violations,
either proprio motu or on complaints by any party, the Commission has the
power to recommend on effective measures to prevent human rights violations
and to promote respect for human rights; it has the right to visit all places
where people are detained; it has the duty to establish a continuing programme
of research, education and information to enhance respect for the primacy of
human rights. The Commission on Human Rights itself calls its function a
two-pronged approach, viz., human rights protection through the legal and
investigation services, witness protection, free legal aid and financial
assistance programmes, and human rights promotion through its public
information and education services to heighten awareness of human rights and
the institutions established for the promotion of and respect for human
rights. Within the human rights protection programme the Commission
established a Quick Reaction Team, providing immediate legal assistance to
complainants of human rights violations including visits to police stations
and military detention centres where the suspect is believed to be detained, a
Witness Protection Programme under which a safety shelter and subsistence
allowances are granted for the duration of the hearing or for as long as it
may be deemed necessary, and a Gaol Visitation Programme in response to
reports of torture or maltreatment of prisoners or detainees, complaints of
illegal arrests or detention and lack of adequate basic facilities. The
Special Rapporteur was informed that during the period January to May 1990,
304 gaol visitations were conducted covering a total of 8,051 inmates. As a
result of these visits 64 prisoners were released, 27 detainees were provided
with legal assistance and 39 complaints were documented and investigated.
224. On 6 May 1988 the Commission issued a statement on human rights and
guidelines on visits, conduct of investigation, arrest, detention and related
operations. At the same date the military authorities undertook to comply
with these guidelines.
225. Although the Commission on Human Rights possesses investigative powers,
it has no powers to prosecute. In 1987 a bill was submitted by the Senate's
Committee on Justice and Human Rights to strengthen the organization and to
expand the functions of the Commission on Human Rights, providing it,
inter alia t with the power to file, upon its finding of the existence of a
prima facie case, the necessary information with the proper civil court. The
Bill is still pending before Congress. The Department of Justice, however,
has voiced its objection against this idea since it would not be. in conformity
with the Philippine system which makes a distinction between the authority
which collects the evidence and the authority which decides whether there is a
prima facie case and, if so, decides to prosecute. This latter function is
exercised by the fiscal's office. According to the Department of Justice,
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