Beruflich Dokumente
Kultur Dokumente
IN THE
CONTEXT OF INVESTIGATION
PROCEDURES
WITH
CASE ANALYSIS
Lesson Goal
“Leftist” “Anti-Leftist”
HUMAN RIGHTS
HUMAN WRONGS
Violence Slavery
Crime Oppression
HUMAN RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL
THE PEOPLE THE PNP /
GOVERNMENT
Human Rights in Law
Enforcement
2. Power and authority of government/PNP comes
from the people.
HUMAN RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL
THE PEOPLE THE PNP /
GOVERNMENT
Human Rights in Law
Enforcement
3. We must uphold human rights to prevent abuse
of power and authority.
HUMAN RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL
THE PEOPLE THE PNP /
GOVERNMENT
Human Rights in Law
Enforcement
4. PNP as Human Rights Protector.
HUMAN RIGHTS
CIVIL
POLITICAL
ECONOMIC
SOCIAL
CULTURAL
THE PEOPLE THE PNP /
GOVERNMENT
Anatomy of Human
Rights Violations
Operations successful
Follow Police Crime prevented / solved
Operational Prosecution successful
Procedures Peace & order
maintained
Police are
Professional
& Competent MISSION
ACCOMPLISHED
Laws Mandate:
& Enforce Police Operations/
Statutes the Law Interventions
MISSION FAILED
Police are
Unprofessional &
Incompetent
Operational lapses occur
Abuse of authority
Police Operational Criminal prosecution fails
Procedures are Laws & Human Rights
Not Followed are violated
Root Causes of Human Rights
Violations
Root Causes of Human Rights Violation
Sample Cases / Incidents
Alleged Human Rights Violations
Incident / Case
/Operational Lapses
1. MPD PS-1 Secret Violation of RPC art. 124, art. 282, art.
Jail 286,
(April 2017) Violation of R.A. 9745 anti-torture law
2. US Embassy Bloody
Serious Physical Injuries?
Dispersal
Violation of R.A. 7438?
(October 2016)
Root Causes of Human Rights Violation
Sample Cases / Incidents
Mission
Accomplished
Professionalism
GAP
xMission
Accomplished
xMission
Accomplished
xMission
Accomplished
x
Human Rights
Principles & Practices
Mission
Accomplished
x
CRIMES ARE NOT SOLVED.
Mission
Accomplished
x
JUSTICE DELAYED,
JUSTICE DENIED.
Mission
Accomplished
x
THE PNP LOSES
TRUST &
CONFIDENCE
OF THE COMMUNITY
Mission
Accomplished
PNP / GOVERNMENT
x
SUFFERS FROM CRITICISM
FROM MEDIA
& OTHER SECTORS;
x
HUMAN RIGHTS VIOLATIONS
ARE COMMITTED.
Mission
Accomplished
x
WE COULD FACE CRIMINAL
& ADMINISTRATIVE CHARGES;
END OF POLICE CAREER.
Mission
Accomplished
Mission
Accomplished
RIGHTS-
BASED
POLICING
Criminal Investigation Course
Rights-Based Policing:
Rights-Based Policing:
1. Equal Protection
2. Respectful Treatment
3. Use of Force
4. Policing Non-violent Assemblies
5. Use of Lethal Force
6. Arresting Persons
7. Detainees Rights
8. Humane Treatment of Detainees
9. Refusal to Obey Unjust Orders
10. Report Violations
Rights-Based Policing:
3. Characteristics of
Rights-Based Policing
Rights-Based Policing:
Characteristics
PNP Motto
Human Rights in the PNP
PNP Badge of Honor
Human Rights in the PNP
PROMOTION
KEY RESULT AREA OF
HUMAN RIGHTS
5. Commitment to excellence
of Performance
R
I (1) Respect and Protect Human Rights
G P (2) Rights-Based Policing - Know and
H O apply Human Rights principles
T L
(3) Rule of law
S I
C (4) Legality, Necessity & Proportionality
B I (5) To Serve and Protect is Human Rights
A N
(6) HR is Competency and
S G
E Professionalism
D
RA 7438
Present the warrant of arrest to the subject person before or after the
arrest is made.
HUMAN RIGHTS STANDARDS IN ARREST
When an offense or crime has just been committed and the police
officer has personal knowledge of facts indicating that the person
to be arrested had committed the said offense or crime.
HUMAN RIGHTS STANDARDS IN ARREST
WITHOUT WARRANT OF ARREST
Police personnel are responsible for the health, safety, and hygiene
of all persons detained or under police custody.
1. Blindfolding;
2. Threatening a person(s) or his/fher relative(s) with bodily
harm, execution or other wrongful acts;
3. Confinement in solitary cells or secret detention places;
4, Prolonged interrogation;
5. Preparing a prisoner for a "show trial", public display or
public humiliation of a detainee or prisoner;
Mental/Psychological Torture
6. Causing unscheduled transfer of a person deprived of
liberty from one place to another, creating the belief that
he/she shall be summarily executed;
7. Maltreating a member/s of a person's family;
8. Causing the torture sessions to be witnessed by the
person's family, relatives or any third party;
9. Denial of sleep/rest;
10. Shame infliction such as stripping the person naked,
parading him/her in public places, shaving the victim's head or
putting marks on his/her body against his/her will;
11. Deliberately prohibiting the victim to communicate with
any member of his/her family; and
12. Other analogous acts of mental/psychological torture.
OVERVIEW OF
INTERNATIONAL
HUMANITARIAN LAW
RA 9851
“Philippine Act on Crimes Against
International Humanitarian Law,
Genocide, and Other Crimes Against
Humanity”
Salient Features of IHL
Non-Prescription of Crimes
Irrelevance of Official Capacity; applies
to all persons whether state or non-state
Other actor
Features
Seeks to protect people who are not part
of, or no longer taking part in hostilities or
armed conflict
COMPARISON
International Humanitarian
Anti Torture Law
Law
(R.A. 9745)
(R.A. 9851)
Both State and Non-State
Only State Actors are Liable
Actors are Liable
With Prescription?
No Prescription Period
(will depend on IRR)
With Protection, With Protection,
Compensation Clause for Compensation Clause for
Victims and Witnesses Victims and Witnesses
With Individual and Command
With Individual, Superior, and
Responsibility (not limited to
Command Responsibility
immediate superior)
No Amnesty for Convicted
Torturers
LEGAL & REGULATORY
FRAMEWORK
The UNITED NATIONS
1. (UDHR) 1948
2. (ICESCR) 1976
3. (ICCPR) 1987
4. (CERD) 1969
5. (CEDAW) 1981
Sources of International Human Rights
Law:
From the General to the Particular
6. (CAT) 1986
7. (CRC) 1990
8. (CMW) 1995
9. (CRPD) 2006
Human Rights Standards
1. Life, liberty and security of person
2. No slavery or servitude
3. No torture, cruel, inhuman or degrading treatment
or punishment
4. Recognition as a person before the law
5. Equal protection of the law
6. Effective remedy for violations
7. No arbitrary arrest, detention or exile
Human Rights Standards
8. Fair and public hearing
9. Presumption of innocence
10. Privacy
11. Movement and residence
12. Asylum
13. Nationality
14. Marry and found a family
Human Rights Standards
15. Own property
16. Thought, conscience and religion
17. Speech
18. Peaceful assembly and association
19. Participate in government
20. Periodic and genuine elections
21. Equal access to public service
Human Rights Standards
22. Social security
23. Work
24. Adequate standards of living
25. Education
26. Participate in cultural life
27. Health
28. Copyright
POLICE, also have RIGHTS
Some Rights and Privileges Policemen Enjoy:
2. Each group will choose a leader and presenter, while other members will
contributes on notes-taking and brainstorming of the presentation;
3. The Flash Disc will play the “Quirino Grandstand Hostage Crisis & U.S.
Embassy Violent Dispersal;”