E/CN.4/1991/17
page 79
number is about one million; a second group of victims are suspected members
or sympathizers of insurgent groups. Despite the Constitution and the Bill of
Rights, repressive laws still exist. Presidential Decree 1850, which assures
impunity to perpetrators of human rights abuses among the military, is one
example. Another one is Presidential Decree 1866 on illegal possession of
firearms in furtherance of rebellion. This offence carries the penalty of
life imprisonment and, as such, excludes release on bail. All suspected
subversives are charged with PD 1866, since it is easier to produce evidence
by planting weapons than to prove the offence of subversion. The Bill of
Rights is not a safeguard against warrantless arrests, and most serious human
rights violations, such as torture, salvaging (arbitrary or extra-judicial
executions) and disappearances usually occur after such warrantless arrests.
The practice of "tactical interrogation", used by the military and the police,
means that periods of unacknowledged detention can be very long; this is
especially true in the countryside where the number of lawyers is very limited
and relatives are not allowed to visit the detainees. The military can, in
fact, hold the person for interrogation as long as they wish, until they are
through with the interrogation.
Suspected high-ranking leaders of insurgent
groups are generally treated better than simple members or sympathizers. They
are rarely tortured, whereas members of groups such as the "sparrow units"
(urban-based killing squads of the NPA) are often tortured severely, also
because they are the object of military frustration.
250. At a meeting with four members of the Medical Action Group (MAG), all of
them physicians, the Special Rapporteur was told about the group's methods of
action. In most cases doctors have access to detainees approximately one week
after detention. In some rare cases visits can be held as early as three days
after detention. In other cases it is only after one month. In some cases
detainees may see a doctor of their choice. After the creation of the
Commission on Human Rights, in 1986, the Commission resorted to MAG doctors to
visit and examine detainees, but at present the Commission has its own
doctors. Visits to detainees are normally held at the request of their
relatives or lawyers. Although generally MAG doctors have free access to
detention centres and may examine detainees privately, harassment and
intimidation have recently increased, since the group is viewed by the
military as sympathetic to leftist groups. Such intimidation may be done by
telephone threats or the presence of cars without number plates in front of
the group's offices. There is no evidence of participation of doctors in
torture of detainees, however, detainees are almost always blindfolded when
tortured. Also, no cases of torture resulting in death have been documented.
251. At a meeting with two representatives of FLAG the Special Rapporteur was
informed about the group's structure and activities. There were over 300
lawyers working for the group throughout the country on a voluntary basis, in
addition to the 58 full-time staff. At present, some 2,000 cases were being
handled by FLAG lawyers nation-wide. The FLAG representatives made a general
evaluation of the situation in the country and provided detailed information
about certain questions relating to the human rights situation. They
complained that FLAG, like other human rights groups in the country, was
recently subjected to increasing harassment and intimidation. They admitted
that there were also complaints about human rights violations committed by
members of the NPA, but said such complaints principally concerned taxation of
the population and other forms of "revolutionary justice". They provided the
Special Rapporteur with highly valuable and well-documented material.
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