E/CN.4/1991/17 page 85 act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. A person who, during the investigation, has, beyond reasonable doubt, been found to be tortured while under detention is entitled to compensation even if the person of the torturer cannot be identified. Article 14 is an expression of the rule that the State is responsible for the acts of its organs. The rules of criminal evidence are not pertinent in this respect. 271. Secondly, even if the torturer cannot be identified in person, the place where the victim has been tortured usually can be ascertained. This makes it possible to take action against the commanding officer even if he did not participate in the interrogation himself. Severe disciplinary measures should be taken against all officers who wittingly or unwittingly allow torture to be practised in the places of detention under their command. They must be deemed to be aware of, and therefore may be held responsible for the acts of their subordinates. A standing order should be given that all interrogations are duly recorded with the names of all persons who have participated in the interrogation. In this way the issuance of clearances by the Philippine Commission on Human Rights for military or police officers who are candidates for promotion becomes more meaningful. The Special Rapporteur was told that this system is not very effective since most human rights violators are not officers but belong to the rank and file, especially in the rural areas. It is, however, not enough that an officer has clean hands himself in order to be fit for promotion, for it is also part of his reponsibility to take due care that the persons under his charge have clean hands. 272. The present Government has taken highly important measures to restore the rule of law in the country. It has ratified virtually all relevant international instruments; a Philippine Commission on Human Rights was established with clear tasks in the field of protection and promotion of human rights; educational and training programmes have been set up and in most administrative branches guidelines regarding respect for human rights have been issued. In spite of all these highly commendable measures, serious human rights violations, including torture and inhuman treatment, continue to occur throughout the country. This can only mean that the Government must strengthen its hold on the various executive branches and that the corrective mechanisms must be made more effective. Preventive measures alone are not enough since they lose their credibility if corrective measures are felt to be deficient. 273. It is a tragedy that the 1986 revolution, in spite of high hopes, has not led to greater unity in the country. The nation has remained deeply divided on political and moral issues and the present human rights situation reflects that division. All efforts, therefore, should be given to the process of reconciliation. In this respect it may be worth while to repeat the words of the President of the Senate, Jovito R. Salonga, pronounced during an address delivered on 1 October 1990: "The final objective is not to reach agreement on all substantive issues. It should be enough that agreement is reached on how to resolve disagreements and conflicts. Unanimity is not a pre-condition to unity."

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