E/CN.4/1992/17
page 63
their statements with the Task Force Detainees. On the other hand,
Dr. Reynante Basas of the Commission reported that among those
16 detainees he had examined clinical manifestations of contusion, sprain
and myalgia as per findings of the Medical Action Group had already
disappeared, except for three others whose signs or symptoms of contusion
are still prominent. On 25 August 1989, the Legal Aid and Counselling
Division who went to Bicutan for the signing of the affidavits of the
detainees was informed by a certain Attorney Jorge Gaduang that he will
have to confer with the other lawyers handling the case before allowing
the detainees to sign the affidavits. Up to date, the detainees refused
to sign the affidavits. Meanwhile, four detainees were already released,
namely: Virgilio Tesoro, Luther Candido, Edgardo Duce, Arnel Castillo.
The investigation of this case is hampered by the lack of cooperation of
the detainees. The case is considered closed in so far as the
investigation aspect is concerned and the case has been submitted to the
Commission for resolution."
181. On 12 March 1991 the Special Rapporteur sent an urgent appeal to
the Government of the Philippines concerning Manuel Capitulo, aged 25,
Almar Lusong, aged 28, and Antonio Hondor, aged 26, who were arrested
on 8 February 1991 by members of the army in Pampang Market, Angeles City.
The three men were believed to be held in incommunicado detention at the 702nd
IB Army Camp based in Belen Homesite, Santo Cristo, Angeles City. It was
reported that local military authorities at first denied holding the three men
in custody, and that on 13 February 1991 their detention was acknowledged, but
their relatives were told that they could not be produced because they were
undergoing interrogation. Feats were expressed that they might be
interrogated under torture.
Letters and Government replies
182. On 28 December 1990 the Government of the Philippines sent a letter to
the Special Rapporteur in reply to his letter dated 6 June 1990
(see E/CN.4/1991/17, paras. 134-138). Two case reports prepared by the
Commission on Human Rights of the Philippines were attached to the letter,
providing details about 10 of the 11 detainees (mentioned in para. 135 of the
above-mentioned report), who were allegedly tortured in the period March to
May 1989.
(a) Regarding Honorio Ayroso, Stanley Marvin Pengson, Marcelito Clemente
and Eduardo Bagtas, the case report stated as follows:
"Ayroso et al were reported to have been severely beaten and subjected to
other forms of torture during the period March-May 1989. Acting on the
said report, the Commission on Human Rights through its special
investigators made an immediate inquiry to the Provincial Jail of Rizal.
It was found out that the subjects, with the exception of Eduardo Bagtas,
were no longer detained".
Eduardo Bagtas, who was previously charged with murder, at present
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