CAT/C/PHL/CO/3
(c)
Consider amending the rules of evidence evaluation to increase the
possibility of identifying perpetrators in the prosecution of cases of torture and illtreatment through means other than visual verification and consider adopting a nonrestrictive approach that also allows for voice identification in cases where
blindfolding was used;
(d)
Make it mandatory for prosecutors to carry out a full investigation of
possible command responsibility in cases where the identification of primary
perpetrators is impaired by the use of blindfolds.
Secret places of detention
21.
The Committee is deeply concerned at reports of the existence of secret places of
detention where persons have routinely been subjected to torture. It is particularly
concerned at reports of the existence of secret security facilities, including where children
are abused, harassed and exploited, such as the one in Laguna Province, where torture was
committed routinely, including through the a so-called “wheel of torture”, used to
determine the type of torture to inflict on the detainees (arts. 2, 11 and 16).
22.
The State party should:
(a)
Immediately close all secret places of detention;
(b)
As a matter of priority, ensure the application throughout the country of
section 2 (c) of the Anti-Torture Act, which stipulates that “secret detention places,
solitary, incommunicado or other similar forms of detention, where torture may be
carried out with impunity, are prohibited”;
(c)
Conduct investigations and prosecute all persons responsible for
committing acts of torture in secret places of detention.
Extrajudicial killings and enforced disappearances
23.
While noting the adoption of legislation and other efforts made by the State party,
the Committee remains concerned that extrajudicial killings and enforced disappearances
implicating police and military personnel, as well as armed militias, have continued to take
place (arts. 2, 12 and 13).
24.
The State party should:
(a)
Take effective measures to enforce relevant legislation and prevent
extrajudicial killings and enforced disappearances;
(b)
Ensure the regular functioning of the special team of investigators and
prosecutors under the Inter-Agency Committee to effectively help law enforcement
agencies conduct fact-finding investigations for prosecution of cases of enforced
disappearances and extrajudicial executions with a view to resolving them;
(c)
Ensure that all alleged perpetrators of these crimes are effectively and
promptly investigated, prosecuted and, if convicted, punished with appropriate
sanctions;
(d)
Ensure that the families of victims of these crimes receive adequate
compensation;
(e)
Consider ratifying the International Convention for the Protection of All
Persons from Enforced Disappearance.
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