E/CN.4/1991/17
page 71
article XVI, Section 6 of the Constitution providing that the State shall
establish and maintain one police force which shall be national in scope and
civilian in character, to be administered and controlled by a national police
commission, would be complied with.
220. The far from stable situation in the country has seriously impeded the
Government's confessed policy to restore completely respect for human rights.
According to a number of non-governmental organizations which are
well-established in Philippine society, the Government's policy, by giving
priority to the military suppression of the insurgency, has re-introduced the
occurrence of illegal arrests, torture, extra-legal executions, disappearances
and forced evacuations of whole village communities. Such non—governmental
organizations are on the other hand often portrayed as front organizations of
the prohibited NDF. Such accusations and counter-accusations can freely be
made in the open Philippine society, although human rights-oriented groups
claim that they have been subject to harassment. The Special Rapporteur was
informed that since 1986 six human rights lawyers have been killed, which is
more than during the entire Marcos regime. The fact that human rights
violations occur on a relatively large scale seems also to be borne out by the
report of a Committee of the Congress and the Senate (named the Tanada
Committee after its Chairman Senator Wigberto Tanada). This Committee made an
extensive tour throughout the country and came to the following conclusions:
"1. Human Rights continue to be violated despite the fact that
human rights violations committed by military, police and other
government—supported organizations are not in pursuit of any government
policy.
2.
The 'total war policy', now referred to as the 'total approach'
strategy and operationalized through the AFPs (Armed Forces of the
Philippines) Three Tiered Defense System for Internal Security, is
considered a major factor contributing to the continuing human rights
violations."
221. The independent Commission on Human Rights has received up
until 31 August 1989 more than 2,500 complaints about human rights
violations, the majority of which were directed against the military. The
armed forces filed 421 human rights complaints against the CCP/NPA with the
Commission in the period 1986 to 31 August 1989. The Tanada Committee,
however, found that "the investigation of many complaints of human rights
violations and the prosecution of many offenders are found to proceed at a
very slow pace despite the availability of witnesses and the existence of the
appropriate mechanisms and institutions of government. Thus, a number of
victims of human rights violations and their families no longer filed their
complaints with the Commission on Human Rights, the Fiscal's Office or the
Military, as many of them expressed lack of trust and confidence in these
agencies' ability to respond immediately and effectively to their complaints".
222. During his consultations the Special Rapporteur was also repeatedly told
that many victims of human rights violations did not file complaints since
the procedure was excessively slow and hardly ever led to punishment of the
alleged perpetrators. The Commission on Human Rights provided the
Special Rapporteur with statistical data about the number of cases in which
those responsible for abuse were charged. Some 276 cases had been filed by
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