E/CN.4/1995/34
page 110
unable or unwilling to answer the soldiers’ questions concerning the
whereabouts of their alleged companions, they were allegedly slapped, kicked,
hit in the stomach with rifle butts and had plastic placed over their heads so
as to interfere with their breathing. They were then said to have been tied
up for two days in the forest.
577. On 10 November 1994 the Government replied that investigations conducted
by the Philippine Commission on Human Rights (PCHR) Regional Office based in
San Fernando, Pampanga, established that the 76th Infantry Battalion had never
been stationed in Quezon province. Investigations by the PCHR in Region IV in
San Pablo City likewise yielded negative results. The PCHR was still looking
for other leads for the solution of the case.
578. The Special Rapporteur by the same letter advised the Government that
he had received information according to which members of the Citizens Armed
Forces Geographical Unit (CAFGU), a paramilitary force established in 1987 to
fight the armed rebel movement, had engaged in torture and ill-treatment of
persons in their custody. It was alleged that the military, which is charged
with supervising the CAFGU, frequently tolerated or even encouraged such
abuses.
579. In this connection, the Special Rapporteur transmitted the case of
Emily Absalon, aged 13, who was allegedly raped on 4 July 1993 by two members
of the CAFGU PNP 268th Mobile Force. The two men had gone to the victim’s
house at Mindigurin, barangay Malawaan, Rizal, Mindoro Occidental, to look for
her father who they alleged was a member of the NPA. They were said to have
ransacked the house and taken the victim, her two sisters and a brother
towards barangay Magsikap, during which time the victim was allegedly
separated from her siblings and raped by both men. The children were then
brought home and warned that they would be killed if they told anyone of the
incident. Their mother subsequently filed a complaint with the regional trial
court at San Jose. The two CAFGU members were reported to have been arrested
and detained at the San Jose provincial jail in Mindoro Occidental, but the
outcome of any proceedings against them was unknown.
580. The Government replied that three criminal cases of rape and robbery had
been filed against two defendants who were detained at the Mindoro Occidental
provincial jail and a trial was under way before branch 46 of the regional
trial court in San Jose. The PCHR Regional Field Office in San Pablo, Laguna,
in collaboration with the Office of the State Prosecutor, had acted as Special
Prosecutor in the case.
581. Finally, the Special Rapporteur advised the Government that he had
received information that Eduardo Haz and two cousins, Geby Domigina and
Armando Domigina, were tortured on 4 October 1992 by two CAFGU members with
the assistance of around 30 soldiers of the 49th Batallion of Bentuco,
Gubat, Sorsogon. It was alleged that the pregnant wife of Eduardo Haz,
Lolita Domigina Haz, was shot and killed by one of the CAFGU members at her
mother’s residence at Sta. Lourdes, Barcelona, Sorsogon for alleged membership
in the NPA. Some time later that day, her husband and the two cousins were
reportedly seized and brought to the church and tied up. The soldiers then
ordered six families occupying nearby houses to come out and watch the three
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