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HUMAN RIGHTS ISSUES

IN THE
CONTEXT OF INVESTIGATION
PROCEDURES
WITH
CASE ANALYSIS
Lesson Goal

This lessons aims to provide the participants on the


Human Rights issuances and concerns relating to criminal
investigations so that these will inform the conduct of
investigations and other police operations.
Lesson Objectives

At the end of this module the participants will be


able to:

• Discuss Guidelines and Policies of PNP on Human


Rights(Rights-Based Policing);
• Discuss the Rights of the Persons Arrested, Detained
and Under Custodial Investigation;
• Discuss Anti-Torture Law;
Lesson Objectives

• Discuss the International Humanitarian Law


• Discuss the Legal and Regulatory Framework
• Perform Case Analysis/Studies.
SCOPE OF PRESENTATION:

1. Guidelines and Policies of PNP on Human


Rights (Rights-Based Policing)
2. Rights of the Persons Arrested, Detained &
Under Custodial Investigation (RA 7438)
3. Anti-Torture Law (RA 9745)
SCOPE OF PRESENTATION:

4. International Humanitarian Law (RA 9851)


Law on Armed Conflict
5. Legal and Regulatory Framework
6. Case Analysis/Studies
Guidelines and Policies of
PNP on Human Rights
(Rights-Based Policing)
Human Rights

are rights inherent to all human beings


regardless of race, sex, nationality, ethnicity,
language, religion or any other status.

It includes the right to life, liberty, freedom


from slavery and torture, freedom of opinion and
expression, the right to work and education,
nationality and others
Perception About
Human Rights
We Need a Change in Perception

HUMAN RIGHTS LAW ENFORCEMENT

“Leftist” “Anti-Leftist”

“Anti-PNP / Anti-Govt” “Always Use


Aggressive Methods
& Tactics”
“Being Soft on Crime”
“Use Any
“Obstacle to Mission” OPPOSITE and Every Method to
FORCES Accomplish the Mission”

LEFT VS. RIGHT


Paradigm Shift

HUMAN RIGHTS

Peace & Order Life, Liberty, & Freedom

Rule of Law Socio-Economic Progress


Justice & Equality Education
Sustainable Development
Paradigm Shift

HUMAN WRONGS

Violence Slavery

Crime Oppression

Injustice & Inequality Poverty & Ignorance


Discrimination Destruction of Environment
Human Rights in Law
Enforcement
1. We are all human. All of us have human rights.

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

Alleged Human Rights Violations


Incident / Case
/Operational Lapses
Defective warrant?
Illegal arrest, detention, and torture?
3. Morong 43 Case
No basis for detention in military camp?
(August 2010)
Deficiency in PNP-AFP coordination re-
custody & detention of Morong 43?
Root Causes of Human Rights Violation
Sample Cases / Incidents

Alleged Human Rights Violations


Incident / Case
/Operational Lapses

4. Quirino Grandstand Poor crowd control and handling of


Hostage-Taking media?
(August 2010) Ill-prepared, ill-equipped swat?
Root Causes of Human Rights Violation
Sample Cases / Incidents

Alleged Human Rights Violations


Incident / Case
/Operational Lapses
Violation of rule 14 on arrest & rule 15 on
custodial investigation, POP (2010 ver.)
5. Alleged Asuncion PCP Violation of R.A. 7438 rights of persons
Torture Case arrested, detained or under investigation
(Binayug Case August Violation of RPC art. 235 maltreatment of
2010) prisoners
Violation of bill of rights, phil. Constitution
Violation of R.A. 9745 anti-torture law
Root Causes of Human Rights Violation
Sample Cases / Incidents

Alleged Human Rights Violations


Incident / Case
/Operational Lapses

6. EDSA-NIA Shootout Violation of rule 7 on use of force, pop


(February 2009) (2010 ver.)
Root Causes of Human Rights Violations
Sample Cases / Incidents

Arrested persons not informed of their


7. Trina Etong Case rights
(April 2009) Violation of rule 14 on arrest, pop (2010
ver.)

8. Parañaque Violation of rule 7 on use of force, pop


Shootout (2010 ver.)
(December 2008) No proper planning, debriefing
Bridging the Gap
Lesson 1.7 Human rights Issues in the Context of Investigation
Procedures with Case Analysis Criminals Arrested / Convicted.
Crime Solved.
Victims get justice.
Human lives are saved.
Laws are properly enforced.
Peace & Order is maintained.

Mission
Accomplished

Criminal Investigation Course


Lesson 1.7 Human rights Issues in the Context of Investigation
Procedures with Case Analysis

Professionalism
GAP
xMission
Accomplished

Criminal Investigation Course


Lesson 1.7 Human rights Issues in the Context of Investigation
Procedures with Case Analysis

Education & Training

xMission
Accomplished

Criminal Investigation Course


Lesson 1.7 Human rights Issues in the Context of Investigation
Procedures with Case Analysis

Policies & Plans

xMission
Accomplished

Criminal Investigation Course


Lesson 1.7 Human rights Issues in the Context of Investigation
Procedures with Case Analysis

x
Human Rights
Principles & Practices
Mission
Accomplished

Criminal Investigation Course


Lesson 1.7 Human rights Issues in the Context of Investigation
Procedures with Case Analysis

What happens when we don’t bridge the gap?

x
CRIMES ARE NOT SOLVED.

Mission
Accomplished

Criminal Investigation Course


Lesson 1.7 Human rights Issues in the Context of Investigation
Procedures with Case Analysis

What happens when we don’t bridge the gap?

x
JUSTICE DELAYED,
JUSTICE DENIED.

Mission
Accomplished

Criminal Investigation Course


Lesson 1.7 Human rights Issues in the Context of Investigation
Procedures with Case Analysis

What happens when we don’t bridge the gap?

x
THE PNP LOSES
TRUST &
CONFIDENCE
OF THE COMMUNITY

Mission
Accomplished

Criminal Investigation Course


Lesson 1.7 Human rights Issues in the Context of Investigation
Procedures with Case Analysis

What happens when we don’t bridge the gap?

PNP / GOVERNMENT

x
SUFFERS FROM CRITICISM
FROM MEDIA
& OTHER SECTORS;

OUR RELATIONS WITH


Mission
THE INTERNATIONAL Accomplished
COMMUNITY IS AFFECTED.

Criminal Investigation Course


Lesson 1.7 Human rights Issues in the Context of Investigation
Procedures with Case Analysis

What happens when we don’t bridge the gap?

x
HUMAN RIGHTS VIOLATIONS
ARE COMMITTED.

Mission
Accomplished

Criminal Investigation Course


Lesson 1.7 Human rights Issues in the Context of Investigation
Procedures with Case Analysis

What happens when we don’t bridge the gap?

x
WE COULD FACE CRIMINAL
& ADMINISTRATIVE CHARGES;
END OF POLICE CAREER.

Mission
Accomplished

Criminal Investigation Course


Lesson 1.7 Human rights Issues in the Context of Investigation
Procedures with Case Analysis

HOW DO WE BRIDGE THE GAP?

Mission
Accomplished

RIGHTS-
BASED
POLICING
Criminal Investigation Course
Rights-Based Policing:
Rights-Based Policing:

Human Rights Based Policing


is the comprehensive, systematic and institutional
compliance with international human rights standards
and practices in the conduct of police or law
enforcement functions
Rights-Based Policing:

2. Basic International Human


Rights Standards for Law
Enforcement
Rights-Based Policing:
10 Basic International Human Rights
Standards for Law Enforcement

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

 Strict observance of Police Policies and


operational procedures
 Adherence to National/Domestic and
International Laws, Treaties, Standards and
Protocols on Human Rights
 Professional Competence and Courteous
Service
Rights-Based Policing:
Characteristics

 Respect for Rule of Law and Civilian


Supremacy
 Pro Democracy and Pro Citizen
Rights-Based Policing:
4. Why do we need to become a Rights-Based Police
Organization?

It is Our Duty and Legal Obligation

a. Article II – Declaration of Principles and State


Policies - 1987 Philippine Constitution
b. The 1987 Philippine Constitution
Government has authority over
c. Administrative Order 249
Rights-Based Policing:
d. PDG RAUL M BACALZO, Chief, PNP
Statements in PNP’s Rights-Based Policing

“We must revive the virtues of discipline


and courtesy, good manners and right conduct
that are the hallmarks of a public servant and
essential to being a good citizen.

As an officer of the law, I believe that


policing must be anchored on the basic tenets of
Human Rights”
Human Rights in the PNP

PNP Ethical Doctrine


Human Rights in the PNP

PNP Motto
Human Rights in the PNP
PNP Badge of Honor
Human Rights in the PNP

PNP Core Values


Key Result Areas of PNP Integrated
Transformation Program-Performance
Governance System (PNP ITP-PGS)

COMPREHENSIVE PNP INTEGRATED


POLICE
REFORMS
TRANSFORMATION PROGRAM

11 KEY RESULT AREAS

NATIONAL POLICY POLICE INFORMATION &


FACILITIES HUMAN RESOURCE
& INSTITUTIONAL COMUNICATIONS
OPERATIONS DEVELOPMENT MANAGEMENT
DEVELOPMENT TECHNOLOGY

DEMO OF REFORM PUBLIC ADMINISTRATIVE


REFORM
EXCELLENCE THRU MANAGEMENT INFORMATION & FINANCIAL
BEST PRACTICES MANAGEMENT & ADVOCACY MANAGEMENT
ANTI-CORRUPTION

PROMOTION
KEY RESULT AREA OF
HUMAN RIGHTS

PNP HUMAN RIGHTS


DEVELOPMENT PROGRAM
Positive Impact or Benefits to the
Police Organization

When we Promote and Protect Human Rights:

• We improve public trust and confidence in the


PNP….A police-community relation is
improved;
• Good police-community relations helps in anti-
crime operations… peace and order is
maintained;
Positive Impact or Benefits to the
Police Organization

When we Promote and Protect Human Rights:

• We avoid criminal / administrative charges…..


no threat to our career and source of
livelihood;
Positive Impact or Benefits to the
Police Organization

When we Promote and Protect Human Rights:

• We maintain a good service reputation & we


are respected by the people; and
• We help build a rights-based PNP…and
protect our own family, friends and loved ones
from abuse and human rights violations.
Police as Human Rights Protector
Article I, Code of Conduct for Law Enforcement Officials, United
Nations General Assembly Resolution 34/169, 17 December 1979

“Law enforcement officials shall at all times fulfill


the duty imposed upon them by law, by serving the
community and by protecting all persons against
illegal acts, consistent with the high degree of
responsibility required by their profession.”
Eight (8) Articles of the UN Code of
Conduct for Law Enforcement
Officials
1. Perform duty under the law
2. Respect and safeguard human rights
3. Use force only when strictly necessary
4. Respect confidentiality
Eight (8) Articles of the UN Code of
Conduct for Law Enforcement
Officials
5. Forbidden to inflict any act of torture & other
cruel treatment
6. Safeguard the health of those in custody
7. Forbidden to commit any act of corruption
8. Respect the law and this Code
Essential principles in the use of
any Power and Authority:
1. Legality – action with legal basis
2. Necessity – action not beyond reasonably
necessary to achieve mission
3. Proportionality – act in proportion to the
seriousness of the offense
Professionalism

1. Not just a set of Appearance

2. Not just Technical Skill


3. Set of Internalized Character
Strengths and Values
4. See work as Service to
Others
Professionalism

5. Commitment to excellence
of Performance

6. High Quality Service


to Others

7. Show Self-Respect in Work

8. Respect for others Rights


Essence of Rights Based Policing

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

Rights of Persons Arrested,


Detained and Under
Custodial Investigation
RA 7483
 shall at all times be assisted by counsel

 Shall be informed in a language known to him of his right to remain


silent and to have competent and independent counsel preferably
of his own choice and if such person cannot afford one, he must be
provided with a competent and independent counsel by the
investigating officer

 The custodial investigation report shall be reduced in writing by the


investigating officer and shall be explained to the detained person
by his counsel before being signed
RA 7483
 Any extra judicial confession made by a person arrested, detained
or under custodial investigation shall be in writing and signed by
such person in the presence of his counsel
 In the absence of the counsel, upon a valid waiver in the presence
of his parents, elder brother/sisters, spouse, mayor, judge, priest
etc.
 Shall be allowed visits by or conferences with any member of his
immediate family , or any medical doctor or priest or religious
minister chosen by him, family or his counsel or by any national
non-governmental organization duly accredited by the CHR
PENALTY

Any arresting public officer or employee or any


investigating officer who fails to inform any person
arrested, detained or under custodial investigation of his
rights shall suffer a penalty of imprisonment of not less
than 8 years but not more than 10 years
HUMAN RIGHTS STANDARDS IN
ARREST AND DETENTION
Definition of Terms

Arrest - an act of apprehending a person for the


alleged commission of an offense.

Detention - deprivation of personal liberty except as


a result of conviction for an offense.
Definition of Terms

Detainee – person deprived of his/her liberty pending


trial (not yet convicted).

Prisoner – person deprived of his/her liberty as a


result of conviction for an offense (convicted).
HUMAN RIGHTS STANDARDS IN ARREST

WITH WARRANT OF ARREST


When making arrests with a warrant, always follow these
guidelines:

 Always identify yourself as a police officer. Provide your name,


position/designation, and place of assignment or unit to the person
to be arrested, his family or relatives, or other persons present
during the time of arrest.

 Present the warrant of arrest to the subject person before or after the
arrest is made.
HUMAN RIGHTS STANDARDS IN ARREST

WITH WARRANT OF ARREST


 If requested, allow the arrested person to be accompanied by a
family member relative, or friend from the place of arrest to the
police station or headquarters where the said arrested person
would be processed and detained.

 As much as possible, members of the arresting team should be


in complete uniform. During covert operations, the arresting team
must properly identify themselves during the conduct of arrest;
and it is recommended that a marked PNP vehicle be used to
transport the arrested person(s) from the place of arrest to the
police station/headquarters
HUMAN RIGHTS STANDARDS IN ARREST
WITHOUT WARRANT OF ARREST

 When a person has committed, is actually committing, or


attempting to commit an offense or crime in the presence of a
police officer.

 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

 When the person to be arrested is an escaped detainee or


prisoner

 When the person arrested without a warrant is immediately


brought to the nearest police station or jail, and subjected to
inquest proceedings at the soonest possible time in
keeping with the provisions of Section 7, Rule 112 of the
Rules of Criminal Procedure.
HUMAN RIGHTS STANDARDS IN ARREST
An arrest without warrant is considered unauthorized and illegal
if the warrantless arrest is made:

 Due to mere suspicion or belief; and

 Unsupported by facts, credible information, or circumstances


necessary to establish probable cause.
HUMAN RIGHTS STANDARDS IN DETENTION

The following guidelines are provided to ensure that the rights of


detained persons are respected and protected by police personnel:

 Police personnel are responsible for the health, safety, and hygiene
of all persons detained or under police custody.

 Proper monitoring of the status and disposition of detained persons,


especially those who are awaiting transfer to jails or those who are
supposed to be released is vital to the efficient and effective
detention management. It is also relevant to the prevention of
overcrowding in custodial facilities, which is a serious health and
security concern.
HUMAN RIGHTS STANDARDS IN DETENTION

 If possible, seek modifications in police custodial facilities to


allow detained persons to have privacy when speaking with
his/her family and lawyer. Such modifications also need to
consider the need for sufficient space for detained persons
to rest and sleep.

 Police station commanders or the Chief of Custodial Facility must


prescribe fixed times or schedules for eating, sleeping, and
receiving visitors. This is necessary to maintain security inside
the station as well as promote healthy and humane conditions in
the custodial facility
RA 9745
(Anti-Torture Law of 2009 )

An Act Penalizing Torture and


Other Cruel, Inhuman and
Degrading Treatment or
Punishment
Salient Features of Anti-Torture Law
Types of Physical Mental/ Other Cruel,
Torture Psychological Inhuman, Degrading
Acts
Individual Responsibility as Principal,
Accomplice or Accessory

Offenders: Superior Responsibility – Immediate superior


State Actors held liable as principal
only
Command Responsibility – Immediate superior
of unit is administratively
Salient Features of Anti-Torture Law
Arresto Mayor (1-6 months imprisonment) up
Penalties to Reclusion Perpetua (Life Imprisonment)
depending on gravity & result of torture
All persons arrested, detained, or under
investigation have right to physical, medical and
psychological examination before and after
interrogation
Torture is a separate & independent crime ---
Other not absorbed by any other crime or felony
Features committed as a consequence or as a means in
the conduct or commission thereof
No amnesty for those convicted of torture
Seeks to protect all persons under custody of
police, military, intelligence units, other
agencies in security sector
What is Torture?
Torture
An act by which severe pain or suffering, whether physical
or mental, is intentionally inflicted on a person for such
purposes as obtaining from him/her or a third person
information or a confession; punishing him/her for an act
he/she or a third person has committed or is suspected of
having committed; or intimidating or coercing him/her or a
third person; or for any reason based on discrimination of
any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a
person in authority or agent of a person in authority
Physical Torture
a form of treatment or punishment inflicted by a person in
authority or agent of a person in authority upon another in
his/her custody that causes severe pain, exhaustion, disability
or dysfunction of one or more parts of the body, such as

1. Systematic beating, head-banging, punching, kicking,


striking with truncheon, or rifle butt, or other similar objects,
jumping on stomach;
2. Food deprivation or forcible feeding with spoiled food,
animal or human excreta, and other stuff or substances not
normally eaten;
3. Electric shock;
Physical Torture Defined in R.A. 9745

4. Cigarette burning, burning by electric rods, hot


oil, acid; rubbing of pepper or chemical
substances;
5. Submersion of head in water or urine,
excrement, vomit, blood;
Physical Torture Defined in R.A. 9745

6. Being tied or forced to assume fixed, stressful


bodily position;
7. Rape & sexual abuse;
8. Mutilation or amputation of body parts;
9. Dental torture or forced teeth extraction;
10. Pulling out of fingernails;
11. Harmful exposure to elements such as
sunlight and cold;
Physical Torture Defined in R.A. 9745

12. Use of plastic bag & other materials on the


head to the point of suffocation / asphyxiation;
13. Use of psychoactive drugs to change
perception, memory, alertness, and will of
person; and
14. Other analogous acts of physical torture.
Mental/Psychological Torture

acts committed by a person in authority or agent of a person


in authority which are calculated to affect or confuse the mind
and/or undermine a person's dignity and morale, such as:

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

War Crimes, Genocide, And Other


Crimes Against Humanity in Both
Crimes
International & Non-International
Armed Conflict (Insurgency is Included)
Salient Features of IHL
Individual Criminal Responsibility by
Principals by participation, inducement,
Offenders: indispensable cooperation
State actors Individual Criminal Responsibility By
and Accomplices by facilitating the
non-state commission of the crime
actors Command Responsibility – superior is
penalized as principal; responsibility not
limited to immediate superior
Salient Features of IHL

Prision Mayor ( 6-10 years imprisonment )


up to Reclusion Perpetua (Life
Penalties
Imprisonment) depending on gravity and
result of torture
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

International Organization of Nations under its


charter established the United Nations (UN) on
24 Oct 1945
Sources of International Human Rights
Law:
From the General to the Particular

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:

Right to Work and


Our Salary and Allowances
Just Compensation
Right to Due Performance Evaluation, Summary
Process Hearing and Appeal System
Our Schooling Opportunities and
Right to Education
Scholarships for Deserving Dependents
POLICE, also have RIGHTS
Some Rights and Privileges Policemen Enjoy:

Right to Rest Our Rest Days, Day-off, Vacations,


and Leisure Leaves, Christmas Parties, outings, etc.
Right to Housing Our Quartering and Housing Programs
Right to Social
Our Pension and Benefits System
Security
Right to Health Care Our Medical / Dental Services
CASE ANALYSIS
Quirino Grandstand Hostage Crisis
&
U.S Embassy Violent Dispersal
Mechanics:
1. The class will be divided into two(2) group;

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;”

4. Discuss among the group and formulates possible administrative


interventions in consonance with your current analysis on Human Rights
issuances and concerns that would best remedy the ending of said crisis for
about 30 minutes; and
Mechanics:
5. Present the report within 10 minutes base on the following
parameters:

a. List of Human Rights Violations


b. Lapses committed by members of Tactical Teams;
c. Lapses of Crisis Management Committee (CMC)
d. Lapses of Overall Commander
e. Lapses of Ground Commander
f. Lapses of Negotiating Team
Mechanics:
5. Present the report within 10 minutes base on the following
parameters:

g. Possible Administrative Interventions


(President, PNP, CMC, LCE) – Human Rights Base
h. Possible Problems Encountered by Tactical Teams
and Negotiating Team
i. Recommendations
j. Conclusion in consonance with your current analysis on
Human Rights issuances and concerns.
SUMMARY:
This lesson intends to inform the investigator on the
Human Rights framework and its impact on the investigative
process.

The salient topics incorporated in this lesson are:


Guidelines and policies of PNP on Human Rights (Rights-
Based Policing); Rights of the Persons Arrested, Detained and
Under Custodial Investigation (RA 7438) Anti-Torture Law (RA
9745); International Humanitarian Law (RA 9851) – Law on
SUMMARY:
9745); International Humanitarian Law (RA 9851) – Law on
Armed Conflict; Legal and Regulatory Framework; and Case
Analysis/Studies.

The advocacy of the PNP on human rights is an intended


input in all aspects of police operations, especially in the area
of investigation.