E/CN.A/1990/17
page 39
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Pasay/City jail, no traces could be found of his alleged torture. The main
problem was that the identities of the persons who had allegedly tortured him
were still unknown. Until new developments occurred which would lead to the
identities of the alleged perpetrators, further investigation was being put on
hold. The Commission further added that the Medical Action Group, which
claimed that Mr. Olite has been subjected to various forms of torture, did not
submit to the Commission any evidence of such torture.
125. On 18 July 1989 the Special Rapporteur addressed a letter to the
Government of the Philippines referring to the case of Hilario Bustamante,
mentioned in paragraphs 73 and 76 of his report to the Commission on Human
Rights at its forty-fifth session (E/CN.A/1989/15). The Special Rapporteur
transmitted further information he had received on that case, alleging that
during the course of the investigations referred to in the Government's reply,
Mr. Bustamante had numerous death threats, as a result of which he dropped the
complaint he had lodged, and was forced to leave the country temporarily. It
was further reported that an investigation by the National Bureau of
Investigation had established that a member of the Presidential Security Group
had been involved in the abduction of Mr. Bustamante.
126. On 29 September 1989 the Government of the Philippines transmitted to the
Special Rapporteur a report dated 5 July 1989 by the Director of the
Philippine National Bureau of Investigation. According to that report one of
the alleged perpetrators of the murder of Reynaldo Francisco and the
frustrated murder of Hilario Bustamante has recently been identified. The man
was at present in custody, and two other persons identified as Ambagay's
companions were also to be taken into custody; but the return to the country
of Bustamante was indispensable in order to identify the alleged perpetrator
and his companions for the filing of charges. Arrangements had been made with
the Secretary of the Free Legal Assistance Group (FLAG), which provided legal
assistance for Bustamante. The Government added that, according to the latest
information, Mr. Bustamante had fled to Holland and was presently engaged in
propaganda against the Philippine Government. On 22 November 1989 the
Government informed the Special Rapporteur that the case was before the office
of Fiscal Rogelio de Leon, Caloocan City, and that the initial hearing had
taken place on 3 October 1989.
127. On 12 September 1989 the Special Rapporteur sent an urgent appeal to the
Government of the Philippines concerning the cases of Charles Reyes,
Virgilio Bacolod, Precila Bucio, Luther Candido, Mario Ty, Reynante Roca,
Daniel Elumba, Anna Altarejos, Ariel Castillo, Rolando Manangat,
Cleotilde Binabayo, Santiago Ampatin, Herminio Maano, Edgardo Duce,
Virgilio Tesoro, Ariel Sarto, Victorino Aquino, Jose Pepe Laquer,
Adriano Paulino, Roger Manilag, Alejandro Delgado Jr., Joven Lim,
Gerardo Lambuson, ArBenio Elumba, and Magdalena Gustilo. It was reported that
these persons had been arrested without a warrant on 27 July 1989 in the
southern metro Manila area during a mass arrest conducted by the CAPCOM
(Capital Regional Command), and that they had been held since that date
without charge at the R2 CAPCOM Headquarters Camp, Bagong Diwa, Bicutan. It
was alleged that while in detention these persons have been subjected to
various kinds of torture and ill-treatment in order to make them confess to
membership in the NPA (New People's Army).
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