E/CN.4/1991/17 page 75 232. As is well-known, torture most often occurs during incommunicado or illegal detention. As was mentioned before, incommunicado detention is absolutely forbidden by the Constitution. Moreover, the Constitution provides (art. Ill, Sect. 2) that "no ... warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing ... the persons ... to be seized." 233. The person against whom a warrant is issued must be identified or identifiable at least. This seems to vitiate the issuance of a warrant for the arrest of "John Doe" or some other fictitious name, containing no description. Nevertheless in recent times the "John Doe" system has been increasingly used by the law enforcement authorities. One documented case, presented to the Special Rapporteur, refers to a number of members of the armed forces who were kidnapped by members of the NPA. One hundred accused were designated as "John Does" with criminal complaint. They were identified several months later without going through the proper process of adequate preliminary investigations, establishing probable cause in their individual case. 234. On 24 September 1990 the Secretary of Justice proposed to the Presidential Committee on Human Rights the issuance of a Department order in which warrants of arrest against "John Does" are called unconstitutional and "totally subversive of the liberty of the subject". Consequently, the use of fictitious names will only be allowed in cases where the person concerned is clearly identifiable and where the description substantially tallies with that of the person sought. 235. There is a fairly wide range of persons specifically empowered by law to make arrests such as members of the Philippine Constabulary, members of the staff of the National Bureau of Investigation and peace officers, which include the officers and members of police and secret service forces. In making the arrest the arresting officer should avoid unnecessary force. He has to deliver the arrested person without unnecessary delay to the nearest police station or gaol. Nevertheless, the Tanada Committee reports that several witnesses testified that "safehouses" are still being used by government agents to interrogate and torture persons who are arrested on suspicion of being NPA rebels or sympathizers. The Committee concludes that for as long as torture in safehouses is made part of the interrogation process, the investigation in cases of human rights violations and the successful prosecution of offenders become very difficult. According to the Commission on Human Rights the existence of safehouses has never been proven. 236. In some cases an arrest may be made without a warrant. Article 112, Section 5 of the Rules of Court provides that a peace officer or a private person may, without a warrant, arrest a person: (a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offence; (b) When an offence has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; (c) If the person is an escapee from a prison or detention-place.