E/CN.4/1991/17
page 74
likelihood that he will be killed, injured, forced, threatened, intimidated or
harassed to prevent him from testifying, or to testify falsely or evasively
because or on account of his testimony. This Bill was approved by the Senate
and is presently under consideration for concurrence in the House of
Representatives. Another Bill pending before Congress is a Bill restoring the
authority of the civil courts to try the cases of members of the armed forces
accused of having committed a crime against civilians, unless the offence is
service-connected, in which case the military courts shall have jurisdiction.
Presidential Decree 1850, enacted during the Marcos regime, stated that
members of the armed forces, including the police, should always be tried by
military courts. In view of the fact that this hardly ever led to the
punishment of military personnel for violations of human rights, Congress
approved a Bill to repeal PD 1850; this Bill, however, was vetoed by the
President in the aftermath of the December 1989 coup attempt. At the same
time, however, the President submitted a draft Bill with the same aims, which
was eventually incorporated in the above-mentioned Bill. As long as this Bill
is not enacted, the President can grant a waiver of PD 1850 upon a request to
do so. Such a request can be made by any party or by his relatives but also
by the authorities and is nearly automatically granted according to Government
officials. The present Bill, however, is criticized by various human rights
organizations as being ambiguous in certain respects.
229. The Commission on Human Rights, together with a number of
Representatives, has taken the initiative for a Bill to establish separate
courts to try, hear and decide certain specified human rights cases.
According to the Commission on Human Rights this would answer the problem of
delayed administration of justice involving human rights cases. Other
sources, however, expressed the fear that the judges serving in such courts
would be particularly liable to harassment.
230. The Human Rights Committee of the House of Representatives is in the
process of drafting a human rights code elaborating on both article III of
the Constitution, containing the Bill of Civil and Political Rights, and
article XIII entitled "Social Justice and Human Rights", which deals with
labour questions, agrarian and natural resources reform, urban land reform and
housing, health development and the position of women. This highly ambitious
project is still in its initial phase.
231. Under the Marcos regime torture was widely practised in the Philippines.
Out of the total number of complaints filed with the Commission on Human
Rights' predecessor, the Presidential Committee on Human Rights, and involving
human rights violations by the previous regime, torture ranked second after
extra-judicial killings. According to non-governmental sources the number of
torture allegations declined rapidly after the new Government came into power
but started to rise again in 1988. The statistics provided by the Commission
on Human Rights on the number of complaints of torture or maltreatment filed
with it are not always consistent, but are for 1988 between 50 and 75 and
for 1989 somewhat lower. Task Force Detainees of the Philippines, a
non-governmental organization, documented in 1988, 718 cases of alleged
torture, in 1989 some 386 cases and in the period January to 6 September 1990,
149 cases. (The vast difference between the number of complaints filed with
the Commission on Human Rights and cases documented by the TFDP will be
discussed later).
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