Human Rights Issues in Investigation With
Human Rights Issues in Investigation With
INTRODUCTION:
This module was designed to empower every police officer particularly the police
investigators who are participants of this training regarding the significant role of
promoting Human Rights tailored to criminal investigations with competence and
professionalism.
The salient topics incorporated in this module are: 1) Legal and Regulatory
Framework; 2) International Humanitarian Law (RA 9851) – Law on Armed Conflict; 3)
Anti-Torture Law (RA 9745); 4) Rights of the Persons Arrested, Detained and Under
Custodial Investigation (RA 7438); 5) Guidelines and Policies of PNP on Human Rights
(Rights-Based Policing); and 6) Case Analysis/Studies.
The participants will be evaluated through case analysis and graded accordingly
base on their group presentation. Further, there is an open forum to clarify salient topics
and issues on promoting Human Rights in the police service.
In these regards, the PNP is in great perspective that this module will have
pertinent impact to its clientele (community) to share their efforts in promoting Human
Rights in order to attain a just, humane and harmonious society.
LEARNING GOAL:
This aims the participants to empower on Human Rights issuances and concerns
relating to criminal investigations so that they will instill such discipline and practice
when rendering police service.
LEARNING OBJECTIVES:
At the end of this module the participants will be able to:
Define by heart Human Rights, Service, Honor, Justice, Professionalism, Rights-
Based Policing, and Value of Human Dignity;
Instill and practice the imperative value of Human Rights relating to:
Legal and Regulatory Framework;
International Humanitarian Law;
Anti-Torture Law;
Rights of the Persons Arrested, Detained and Under Custodial
Investigation;
Guidelines and Policies of PNP on Human Rights (Rights-Based Policing);
Lessons Learned Based on Case Analysis/Studies.
Integrate Human Rights in their daily lives (work and home) and be among its
advocates; and
Device changes and innovations to promotes Human Rights in the police service
to bridge the gap on its violations based on related cases/studies which are commonly
violated or lapses made by police officers, members of the AFP and other law
enforcement agencies in the performances of their sworn duties.
SESSIONS:
HUMAN RIGHTS HR
International TREA TIES
I CERD
I
Instruments
CCPR
ICESCR CEDAW CAT When a State Ratifies
MWC CRC a Convention, it has
the Obligation to:
United Nations
Standards PROTECT;
(Declarations) RESPECT; and
FULFILL the rights
enshrined therein.
COMPARISON
INTERNATIONAL HUMANITARIAN LAW,
ANTI TORTURE LAW (RA 9745) GENOCIDE, AND OTHER CRIMES AGAINST
HUMANITY (R.A. 9851)
Only State Actors are Liable Both State and Non-State Actors are Liable
With Prescription? (will depend on IRR) No Prescription Period
With Protection, Compensation Clause for With Protection, Compensation Clause
Victims and Witnesses for Victims and Witnesses
With Individual, Superior, and Command With Individual and Command Responsibility
Responsibility (not limited to immediate superior)
No Amnesty for Convicted Torturers
H. AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND
DEGRADING TREATMENT OR PUNISHMENT (R.A. 9745)
(signed into law on November 10, 2009)
What is Torture?
An act by which severe pain or suffering, whether physical or mental, is
inflicted on a person…to obtain from him / her or a third person information or
confession;
It is a punishment or ill-treatment for an act that he/she or a third person has
committed or is suspected of having committed;
Or intimidating or coercing him/her or a third person for any reason based on
discrimination of any kind.
It is committed by a person in authority or by an agent of a person in authority.
It does not include any pain or suffering arising only from, inherent in, or
incidental to lawful sanctions.
R ule of Law
Law and order, peace and security are matters of State Responsibility.
“All persons are equal before the law and are entitled without any discrimination
to the equal protection of the law.”
E thical Standards
Law Enforcement and the maintenance of public order must be compatible with:
Respect for, and obedience to, the law;
Respect for the dignity of the human person; and
Respect for, and protection of, human rights.
Bakit negatibo ang pananaw ng ibang pulis tungkol sa Human Rights ... at bakit
mayroong mga Alleged Human Rights Violations?
Dahil kaya....
Kulang pa tayo ng kaalaman tungkol sa human rights?
Mas maraming kaalaman yung “kabila” tungkol sa human rights kaya nagagamit
nila ito laban sa atin?
Kulang pa tayo sa professional competency at may hindi tayo sinusunod na
procedure o proseso?
Paradigm Shift
Mandate: Police
Enforce Operations/
the Law Interventions
Laws &
Statute
Police are
Unprofessional & Incompetent Mission Failed
Mission Accomplished
Criminals Arrested / Convicted
Crime Solved
Victims get justice
Human lives are saved
Laws are properly enforced
Peace & Order is maintained
Tools to Bridge the Gap
Professionalism
Education & Training
Policies & Plans
Human Rights Principles & Practices
What happens when we don’t bridge the gap?
Justice delayed, justice denied.
The PNP Loses Trust & Confidence of the Community
PNP / Government Suffers from Criticism From Media & Other Sectors;
Our Relations with the International Community Is Affected.
Human Rights Violations are Committed.
We could face Criminal & Administrative Charges; end of Police Career.
How do we bridge the gap?
Professionalism
Competency
Human Rights Principles & Practices
K. Rights-Based Policing
1. What is Rights-Based Policing?
Comprehensive, systematic, institutional compliance with international and
national human rights standards in policing or law enforcement in police doctrines,
policies, plans, operations, methods and tactics.
Do not use force except when strictly necessary, and only to the minimum
extent necessary.
void use of force when policing unlawful but non-violent assemblies.
Lethal force should not be used except when strictly unavoidable in order to
protect your life or the lives of others.
Arrest of persons must be done only on legal grounds, and carried out
according to lawful arrest procedures.
Ensure all detainees have immediate access to their family, lawyer, and any
necessary medical care.
All detainees must be treated humanely. Do not inflict, instigate, or tolerate
any act of torture or ill-treatment, in any circumstances --- and refuse any order to do so.
Report all violations of these Basic Standards to your senior officer and to the
Office of the Prosecutor. Do everything you can to ensure steps are taken to investigate
these violations.
Promotion
of Human Rights
L. CASE ANALYSIS
SUMMARY:
The participants were empowered about Human Rights issuances and concerns
and their very essential role in promoting a just, humane and harmonious society. The
knowledge that they gained will serve as foundations in promoting the essence of the
value of Human Rights in their daily lives whether at home or at work with competence
and professionalism.
They were able to instill significant discipline about the following topics: 1) Legal
and Regulatory Framework with quality discussions on United Nations, Sources of
International Human Rights Law, Universal Declaration of Human Rights, International
Covenant on Civil and Political Rights, 1987 Philippine Constitution, Bill of Rights,
Rights and Privileges Enjoyed by the Police Officers and Dynamics of Human Rights; 2)
International Humanitarian Law (RA 9851) – Law on Armed Conflict with emphasis on
salient features of International Humanitarian Law, other features concerning IHL and its
comparison between Anti-Torture Law; 3) Anti-Torture Law based on the salient
features of the law, definition, forms of physical torture and other Cruel, Inhuman and
Degrading Treatment or Punishment (CIDTP); 4) Rights of the Persons Arrested,
Detained and Under Custodial Investigation with emphasis on definition of terms,
mandates of the police, rule of law, ethical standards, commonly known and used
powers, rights relating to arrest, treatment of detainees, facilities for detention and
outside contacts for detainees; 5) Guidelines and Policies of PNP on Human Rights
(Rights-Based Policing) with dynamic discussion on perception on Human Rights,
Human Rights in law enforcement, anatomy of Human Rights violations, root causes of
Human Rights violations, bridging the gap and Rights-Based Policing which involved
discussion in definitions, basic International Human Rights Standards for Law
Enforcement, characteristics, importance, role of police as Human Rights protector,
Eight (8) Articles of the UN Code of Conduct for Law Enforcement Officials, essential
principles in the use of any power and authority, ethical and legal law enforcement
conduct, professionalism and the essence of Rights-Based Policing ; and 6) Case
Analysis on the Quirino Grandstand Hostage Crisis.
The participants were graded in a practical exercise based on group’s
presentation about case analysis in Quirino Grandstand Hostage Crisis.
Furthermore, an open forum was provided to clarify salient topics and issues on
promoting Human Rights in the Police Service.
“Yes! We can eradicate violations of Human Rights in our noble
organization, let’s just do our share in this endeavor and practice it with best
humility and commitment to attain undying support from our clientele in order to
achieve the quality police service that we ever dream.”