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CHAPTER 1

THE PROBLEM

Background of the study

According to United Nations, human rights are rights inherent to all human

beings, regardless of race, sex, nationality, ethnicity, language, religion, or

any other status. Human rights include the right to life and liberty, freedom

from slavery and torture, freedom of opinion and expression, the right to

work and education, and many more. Everyone is entitled to these rights,

without discrimination.

Human rights refer to the rights that belong to an individual or group

of individuals simply for being human, or as a consequence

of inherent human vulnerability, or because they are requisite to the

possibility of a just society. Whatever their theoretical justification,

human rights refer to a wide continuum of values or capabilities thought

to enhance human agency or protect human interests and declared to

be universal in character, in some sense equally claimed for all human

beings, present and future. It is a common observation that human

beings everywhere require the realization of diverse values or capabilities

to ensure their individual and collective well-being. It also is a common

observation that this requirement whether conceived or expressed as

a moral or a legal demand is often painfully frustrated by social as well

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as natural forces, resulting in exploitation, oppression, persecution, and

other forms of deprivation (Locke, 1820).

A state commits human rights violations either directly or indirectly.

Violations can either be intentionally performed by the state and or come

as a result of the state failing to prevent the violation. When a state

engages in human rights violations, various actors can be involved such

as police, judges, prosecutors, government officials, and more. The

violation can be physically violent in nature, such as police brutality,

while rights such as the right to a fair trial can also be violated, where no

physical violence is involved.

The apex court in the case State of Haryana v Dinesh kumar1 cited

the meaning of arrest given in Halsbury’s laws of England “The word

arrest when used in its ordinary and natural sense means the

apprehension Or restraint or the deprivation of one's personal liberty.

When used in legal sense in the procedure connected with criminal

offense an arrest consists in the taking into custody of another person

under authority empowered by law for the purpose of holding or

detaining him to answer a criminal charge or of preventing the

commission of a criminal offense the essential element to constitute an

arrest in the above sense are that there must be an intent to arrest

under the authority.

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The Criminal Procedure Code defines arrest as "an investigative

action in the form of temporary restraint on the freedom of the suspect or

defendant if there is sufficient evidence for the purposes of investigation,

prosecution, or justice in the case and according to the manner provided

for in this law."There are a few things to keep in mind about the arrest.

First, there are those who have been given the power to make arrests.

Only investigators can make arrests under the Criminal Procedure Code.

However, the investigator may order an arrest for the purposes of the

investigation (Article 16 paragraph (1) of the Criminal Procedure Code).

As a result, the investigator's authority to make an arrest is limited to

the investigation stage, and only at the investigator's request. The

investigator is not authorized to conduct an arrest if there is no direction

from him.

Arrest is permissible if "sufficient proof" exists. This phrase is defined

as "a person who is highly suspected of committing a criminal offense

based on substantial preliminary evidence." according to Article 17 of the

Criminal Procedure Code. Because it is unclear what is meant by

"adequate preliminary evidence," the investigator is left to his or her own

devices in practice. According to the author, a clear definition of

sufficient preliminary evidence is required. For example, an arrest should

only be made by an investigator or at the investigator's request if it is

based on at least two valid pieces of evidence as stipulated in Article 184

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of the Code. The rationale for this is so that, in addition to minimizing

the use of the investigator's or investigator's subjectivity in making

arrests, the investigators' arrests nevertheless pay attention to and

protect the suspect's or defendant's human rights.

Detention, in contrast to arrest, is defined as "the placement of a

suspect or defendant in a specified place by an investigator, a public

prosecutor, or a judge with his determination, in the case and in the

manner allowed for in this legislation" under Article 1 number 21 of the

Criminal Procedure Code. Investigators, public prosecutors, and judges

are among those who have detention authority (Article 20 of the Criminal

Procedure Code). Subjective and objective factors can both be used to

justify detention. Subjective reasons include: 1) suspects or defendants

who are strongly suspected of committing criminal acts based on

sufficient evidence; 2) circumstances that raise concerns that the

suspect or defendant will flee; or 3) suspects or defendants who are

strongly suspected of committing criminal acts. based on sufficient

evidence or reoffending crime (Article 21 paragraph (1) of the Criminal

Procedure Code).

State detention, house arrest, and municipal detention are the three

types of detention. House arrest is carried out in the suspect's or

defendant's residential house or residence under supervision to avoid

anything that could cause problems in the investigation, prosecution, or

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examination during a court hearing. Municipal detention takes place at

the suspect's or defendant's home city or place of residence, with the

suspect or defendant being required to report at the specified time. The

time spent in custody or imprisonment is totally deducted from the

sentence given. The reduction is one-fifth of the amount of detention time

for municipal custody, and one-third of the amount of detention time for

house arrest as stipulated in Article 22 of Criminal Procedure Code.

Arresting and detaining a suspect or defendant is only legal and does

not violate human rights if it is done by a government official with

authority. Even though the perpetrator is a recidivist and the crime he

committed is a serious crime such as terrorism, genocide, or crimes

against humanity, arrests must be made by officials who do not have the

authority to do so, such as investigators or investigators acting on the

investigator's orders. In the meantime, detectives, public prosecutors,

and courts are all involved in the custody process. If the official who

made the arrest or detention lacked authorization, the state has

infringed on individual citizens' right to freedom and independence.

The principle of necessity must be acknowledged that law

enforcement officers rarely employ this principle to determine if their

activities are following human rights norms. Even at the police level, the

application of this principle is confined to the use of firearms. This

principle is rarely used as a foothold by law enforcement so that the

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actions done are concerned and in compliance with human rights norms.

Arrests and detentions are two examples. Even if the perpetrator is

captured doing a criminal act, the investigator must adhere to this

guideline when making an arrest. The sort of crime committed, whether

it is a minor or serious crime, the capacity of the offender, whether it is

the first time committing a crime or has done so previously, and the

amount and quality of evidence that the investigator has are all things to

consider.

The UN Basic Principles specify that rights are only lost where this is

‘demonstrably necessitated’. This means, at least, that rights which

jeopardize the security of the detention are probably lost or modified.

Detention raises rights issues about physical conditions, contact with

family members, practices of control and restraint, access to medical

care or involuntary treatment, access to education, and abuses of power

such as disrespect and violence. Overcrowding then exacerbates

pressures on all services accommodation, medical services, education,

training including access to mental health care, a serious issue across

the board, in police cells and prisons and in overstretched forensic

psychiatric facilities.

Rights relevant to detention are articulated in fairly general terms in

international, regional and domestic human rights instruments, and in

more detailed non- treaty or ‘soft law’ rules and standards developed to
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give the formal, more abstract, rights practical meaning specific to

prisons (Naylor, 2016).

Four some of the most important provisions for people held in

detention spelt out in the international instruments are the negative

right not to be subject to ‘torture or cruel, inhuman or degrading

treatment or punishment’ and the positive right of people deprived of

their liberty to be treated ‘with humanity and with respect for the

inherent dignity of the human person’ (Naylor, 2016).

The Philippine National Police guidebook on human rights-based

policing stated that; when conducting arrests with a warrant, it is

essential to adhere to specific guidelines to ensure a lawful and

respectful process. Firstly, the arresting officer must identify themselves

clearly as a police officer, providing their name, position or designation,

and the unit or place of assignment. This identification is crucial, not

only to the person being arrested but also to their family members,

relatives, or any individuals present during the arrest. Additionally, it's

necessary to present the warrant of arrest either before or immediately

after making the arrest, ensuring transparency and legality throughout

the procedure.

In cases where requested, the arrested individual should be allowed

to be accompanied by a family member, relative, or friend from the

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location of the arrest to the police station or headquarters, promoting a

sense of support and ensuring their rights are upheld. To maintain

professionalism and credibility, members of the arresting team should

ideally be in complete uniform. Even during covert operations, it's vital

for the arresting team to properly identify themselves during the arrest,

and the use of a marked PNP (Philippine National Police) vehicle is

recommended for transporting the arrested person(s) from the site of the

arrest to the police station or headquarters.

Moreover, the arresting officer must promptly inform the arrested

person about their rights under the law. This includes reciting the

updated Miranda Warning using a language or dialect that the arrested

individual can comprehend. These guidelines aim to safeguard both the

rights of the arrested person and the integrity of the law enforcement

process.

An arrest without a warrant can be legally authorized under specific

circumstances. Firstly, when a person has committed, is actively

committing, or is attempting to commit an offense or crime in the

presence of a police officer. Secondly, such an arrest is permissible when

an offense or crime has just occurred, and the police officer possesses

personal knowledge of facts indicating the person to be arrested's

involvement in the said offense or crime. Additionally, warrantless

arrests are allowed when the person to be arrested is an escaped

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detainee or prisoner. In these cases, the individual arrested without a

warrant must be promptly brought to the nearest police station or jail

and subjected to inquest proceedings, following the provisions of Section

7, Rule 112 of the Rules of Criminal Procedure.

Warrantless arrests become unauthorized and illegal if they are based

solely on mere suspicion or belief, lacking the necessary support of facts,

credible information, or circumstances required to establish probable

cause. When conducting a warrantless arrest, the arresting officer must

also ensure that the arrested person is properly informed of their rights

under the law, upholding the principles of due process and legal

protections throughout the procedure.

During custodial investigations, it is imperative that police officers

adhere to the provisions of Republic Act 7438, which outlines the Rights

of Persons Arrested, Detained, or Under Custodial Investigation, as well

as Republic Act 9745, known as the Anti-Torture Law. To ensure the

proper conduct of these investigations, certain guidelines must be

followed: Firstly, police officers must uphold the principle of due

investigative process and treat the person being investigated as innocent

until proven guilty in a court of law. Secondly, investigations should be

conducted with sensitivity and adaptability, taking into account the

special needs and requirements of various individuals, including women,

children, minors, the elderly, members of indigenous groups, and

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persons with disabilities. Furthermore, it is recommended that PNP

(Philippine National Police) Posters outlining the Rights of Persons

Arrested, Detained, or Under Investigation based on R.A. 7438 be

prominently displayed in the investigation room. Persons under

investigation should be encouraged to read these posters before any

questioning or custodial investigation commences. Lastly, it is

mandatory for all PNP personnel to inform individuals who have been

arrested, detained, or are under investigation about their rights under

the law, with a particular emphasis on their Right to Counsel and Right

to Physical, Medical, and Psychological Examination both before and

after custodial interrogation. These guidelines are in place to ensure the

protection of individuals' rights during the investigative process.

To ensure the rights of detained persons are respected and protected

by police personnel, it is essential that police officers take responsibility

for the health, safety, and hygiene of all individuals under their custody.

Moreover, careful monitoring of detained individuals' status and

disposition, particularly those awaiting transfer to jails or scheduled for

release, plays a critical role in efficient detention management and

addressing concerns related to overcrowding in custodial facilities.

Additionally, when feasible and authorized by higher authorities,

structural modifications within police custodial facilities should be

considered to provide detained individuals with privacy when

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communicating with their family and legal representation. Such

adjustments should also account for the need for adequate space for

detainees to rest and sleep. Lastly, maintaining prescribed schedules for

eating, sleeping, personal hygiene, and visitor reception is essential for

ensuring security within the station and promoting safe, healthy, and

humane conditions within the custodial facility.

Theoretical and Conceptual Framework

This research study is anchored to the following theories:

Natural Law Theory

Natural law theory posits that human rights are inherent and based

on a universal, objective moral order. These rights are not created by

governments or societies but are discoverable through reason and

inherent in human nature. Proponents argue that human beings possess

certain fundamental rights simply because they are human. These rights

include life, liberty, and the pursuit of happiness. Natural law theory

suggests that governments have a duty to protect and uphold these

rights, and laws inconsistent with these inherent rights are unjust.

Social Contract Theory

Social contract theory, developed by philosophers like Thomas

Hobbes, John Locke, and Jean-Jacques Rousseau, posits that human

rights are a product of a social agreement among individuals in a society.

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According to this theory, people willingly come together to form a

government and surrender certain freedoms in exchange for protection

and the preservation of their remaining rights. The government's primary

role is to secure and protect these rights. If a government fails to do so, it

may be justifiable for individuals to rebel or alter the social contract.

Human Dignity Theory

Human dignity theory emphasizes the intrinsic worth and value of

every human being. It argues that human rights are rooted in the

inherent dignity of individuals and that all humans should be treated

with respect and fairness. This theory is often associated with the

Universal Declaration of Human Rights (UDHR) and other international

human rights instruments, which assert that all people are born free and

equal in dignity and rights. Human dignity theory underscores that

human rights are not contingent on citizenship, race, gender, or any

other characteristic but are applicable to all individuals, irrespective of

their circumstances.

SIGNIFICANCE OF THE STUDY

The output of this study is expected to be beneficial to the following:

Detainees and Arrested Persons. The primary beneficiaries of this

study are the individuals who find themselves in detention, under arrest,

or undergoing custodial investigation. This research aims to ensure that

their human rights are upheld and protected during these critical and
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potentially vulnerable periods. By identifying shortcomings and

proposing improvements, this study directly contributes to safeguarding

their rights, well-being, and dignity.

Law Enforcement and Correctional Personnel. This study can

provide valuable insights and guidance to law enforcement officers,

correctional personnel, and those responsible for custodial care. By

highlighting best practices and potential areas for improvement, this

research can aid in enhancing their training, policies, and procedures to

ensure they adhere to human rights standards while carrying out their

duties.

Legal Professionals. Lawyers, judges, and legal practitioners

involved in criminal justice proceedings are also beneficiaries of this

study. The findings can help them advocate for the rights of their clients

more effectively, contributing to a fair and just legal process.

Policymakers and Government Agencies. Policymakers responsible

for shaping laws and regulations related to detention, arrest, and

custodial investigation can benefit of this research. This study can

inform policy reforms, leading to the development of more rights-centered

legislation and procedures, thereby enhancing the overall justice system.

Human Rights Advocates and NGOs: Human rights organizations

and non-governmental organizations (NGOs) working in the field of

criminal justice and human rights can use the study findings to advocate
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for policy changes, raise awareness, and engage in legal advocacy efforts

on behalf of detainees and arrested persons.

Academic and Research Community. This research can contribute

to the academic discourse surrounding human rights, criminal justice,

and law enforcement practices. It can serve as a reference point for

future research and scholarly discussions on this vital topic.

PARADIGM OF THE STUDY

INPUT PROCESS OUTPUT

 The key factors  Data  Experiences and
that influence the collection of observations: The
effective the actual lived
implementation respondents experiences of
of human rights individuals who
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STATEMENT OF THE PROBLEM

This study determined the implementations of Human rights of a

person arrested, detained and under custodial investigation. More

specifically, it sought answers to the following questions:

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1. What are the key factors that influence the effective implementation

of human rights protections for persons who are arrested, detained,

and under custodial investigation?

2. What are the main challenges faced and facilitating factors in

ensuring the protection of human rights for persons who are arrested,

detained, or under custodial investigation?

3. What are the strategies for ensuring adequate implementation of

human rights protection for persons who are arrested, detained, and

under custodial investigation?

CHAPTER 2

DESIGN AND METHODOLOGY

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This chapter presents the research design, population and locale of

the study, data gathering tools, data gathering procedures, treatment of

the data and ethical considerations.

Research design

The researcher will use a qualitative-narrative approach to explore

the implementation of human rights by station 3 police officers in the

arrest, detention, and custodial investigation of a person. The researcher

will collect data through the collection of stories and narratives from the

police officers involved in the arrest, detention, and custodial

investigation process. Through these narratives, the researcher will gain

a comprehensive understanding of the experiences and perspectives of

the police officers, allowing for a more nuanced analysis of the

implementation of human rights in their practices.

In addition to that, by adopting a qualitative-narrative approach, the

researcher aims to capture the richness and complexity of the

experiences of station 3 police officers in their implementation of human

rights during the arrest, detention, and custodial investigation of a

person. The narrative approach will provide valuable insights into the

thoughts, emotions, and decision-making processes of the police officers,

allowing for a deeper understanding of their perspective and the factors

that influence their approach to human rights.

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Interviews are widely used as a data collection tool in qualitative

research. They are typically used as a research strategy to gather

information about participants’ experiences, views and beliefs concerning

a specific research question or phenomenon of interest (Lambert and

Loiselle, 2007). In regard to this, the researcher will opt for semi-

structured interviews which is a popular data collection process to collect

data from the police officers involved in the arrest, detention, and

custodial investigation process.

The reason why the semi-structured interview is a popular data

collection method is that it has proved to be both versatile and flexible. It

can be combined with both individual and group interview methods

(DiCicco-Bloom & Crabtree 2006) and the rigidity of its structure can be

varied depending on the study purpose and research questions (Kelly

2010).

The use of semi-structured interviews will provide the researcher with

the flexibility to explore different aspects of the police officers'

experiences while still maintaining a level of structure and consistency in

data collection. Semi-structured interview format allows the researcher

to further explore specific responses by probing for more in-depth

information.

Population and locale of the study

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The participants in this qualitative research study will be police

officers from Station 3 located in Pacdal, Baguio City who are involved in

the arrest, detention, and custodial investigation of individuals. These

police officers will be selected based on their willingness to participate in

the study and their direct experience in handling such cases.

This qualitative research paper will utilize purposive sampling.

Purposive sampling is a non-probability sampling method where

participants are selected based on their specific characteristics or

experiences that align with the research objectives. By using purposive

sampling, the researcher can intentionally select participants who have

relevant knowledge and experience in the implementation of human

rights during the process of arrest, detention, and custodial

investigation. Thus, the researcher will aim to include a diverse range of

participants in terms of rank, years of experience, and training in human

rights.

Station 3 was chosen as the locale of the study because the

researcher resides in Barangay Pacdal, Baguio City. This study aims to

provide insight into the implementation of human rights by police officers

from Station 3 during the arrest, detention, and custodial investigation of

individuals.

By utilizing a qualitative approach, the researcher will delve into the

lived experiences and perspectives of these police officers, providing a

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deeper understanding of the challenges they face and the practices they

employ in upholding human rights. The study will also employ in-depth

interviews with police officers from Station 3 who have direct experience

in handling cases related to the arrest, detention, and custodial

investigation of individuals.

This study, titled "The Implementation of Human Rights by Station 3

Police Officers in Barangay Pacdal, Baguio City in the Arrest, Detention,

and Custodial Investigation of a Person," is intended to familiarize

readers with the implementation and significance of human rights within

law enforcement.

Data Gathering Tool

To understand the deeper meaning and significance of the

respondents' experiences, the researcher will use an interview guide with

open-ended questions. These questions will be designed to examine the

first-hand experiences and perspectives of police officers in station 3 in

regards to the implementation of human rights during the stages of

arrest, detention, and custodial investigation of individuals.

The researcher will construct the interview guide questions based on

the literature of the study. relating to law enforcement. The chief of

Investigation of Station 3 must review these questions to ensure they

directly relate to, and are appropriate for, exploring the implementation
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of human rights during arrest, detention and custodial investigation of a

person.

Data Gathering Procedure

The researcher will obtain the required authorization from BCPO

(Baguio City Police Office) Station 3, where the study is intended to take

place. This will involve preparing a formal letter of request to conduct the

research, for approval by Police Chief PMAJ Bernabe A. Chamo Jr. of

BCPO Station 3. Once the request is accepted, the station is tasked to

provide the researcher with the necessary information for the study.

Treatment of the Data

The researcher will adopt thematic analysis. Thematic analysis is a

qualitative research method that researchers use to systematically

organize and analyze complex data sets. It is a search for themes that

can capture the narratives available in the account of data sets. It

involves the identification of themes through careful reading and re-

reading of the transcribed data (King, 2004; Rice & Ezzy, 1999).

Thematic analysis consists of the following stages: data

familiarization, code generation, searching process for themes, reviewing

process of themes, naming and defining themes and report production

(Braun & Clarke,2006). In the data familiarization stage, the interviews

were read multiple times to understand the content before it was

transcribed. During the second stage the research identified patterns

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that reoccurred in the data, called codes. The code generation process

evolved over the period of data analysis to refine the final list of codes.

The theme searching process involved using the codes to create

themes within the data set. In the fourth stage of this process themes

were refined by ensuring that the coded data related to the themes and

the researcher reviews patterns between themes by using a thematic

map. The naming and defining themes stage involved an iterative process

for reformulating the themes to represent the analysis.

Ethical Considerations

In order to ensure the ethical conduct of the research, an informed

consent form will be attached to the questionnaire, clearly stating that

participation in the study is voluntary. The respondents have the right to

voluntarily withdraw from the study at any stage of the interview process

without facing any negative consequences or penalties. This ensures that

the participants have full autonomy and control over their participation

in the study, allowing them to make informed decisions about their

involvement without any pressure or coercion.

To uphold ethical standards and protect the respondents' rights, the

researcher will obtain voluntary participation and guarantee

confidentiality. Voluntary participation will be ensured by obtaining

informed consent from each respondent before the interview process

begins. Strict measures will also be taken to protect the privacy and
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anonymity of the respondents by using Officer 1, Officer 2, Officer 3, et

cetera as their codes. The collected data will be securely stored and

accessed only by the researcher.

Upon the completion of the study, all recorded data will be destroyed.
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CHAPTER 3

RESULTS AND DISCUSSION

This chapter presents the findings of the study. It contains the

analysis, interpretation and discussion of the data gathered through

semi-structured interview conducted in response to the specific problem

of the study. The discussions were based on the answers of target

respondent of this study.

Key factors that influence the effective implementation of

human rights protection for persons who are arrested, detained and

under custodial investigation.

According to PSMS Nikko Oyando (BCPO Station 3 Invest PNCO)

Police officers attend seminars and receive training on human rights laws

and procedures in relation to arrests, detentions, and custodial

investigations. This allows them to become familiar with general aspects

of police training pertaining to human rights, such as legal education,

guidelines for the use of force, ethical conduct, procedural justice, and

human rights sensitivity training.

Police officers used dialogue and collaboration to resolve conflicts

between upholding the law and protecting an individual's human rights.

This allowed law enforcement agencies, human rights organizations, legal

professionals, and community representatives to engage in open

communication and cooperation. These kinds of partnerships can be

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useful in creating and improving laws that balance human rights

protection with legal enforcement.

Police officers ensured that the rights and dignity of persons under

arrest, detained and under custodial investigation are respected and

protected throughout the process by Communicating clearly and

respectfully with individuals under arrest. The Officers should explain

the reasons for the arrest, the charges against the person, and their

rights in a language the individual can understand.

Arbitrary detention is the arrest or detention of an individual in a

case in which there is no likelihood or evidence that they committed a

crime against legal statute, or in which there has been no proper due

process of law or order. In order to prevent arbitrary actions, Police

officers are responsible to apply notification of arrest to promptly notify a

family member, friend, or another person chosen by the detainee about

the arrest. This notification helps prevent arbitrary or secret detentions

and provides a safeguard against potential abuse.

Using of interpreters will help the Police officers and the person who

under arrest, detained or under custodial investigation in order to

prevent language barriers and cultural differences and ensures accurate

communication during arrests, questioning, and interactions.

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MAIN CHALLENGES FACED AND FACILITATING FACTORS IN

ENSURING THE PROTECTION OF HUMAN RIGHTS FOR PERSONS

WHO ARRESTED, DETAINED, OR UNDER CUSTODIAL

INVESTIGATION.

The main obstacle or challenges when it comes to ensuring human

rights protection for a person who are arrested, detained, or under

custodial investigation is lack of training because inadequate or

infrequent human rights training for police officers may result in a lack

of awareness regarding the legal rights of individuals under arrest.

Police officers ensure the fair treatment and rights of the individuals

under custodial care by fairly informing individuals rights such as the

officers begin every interaction by clearly and comprehensively informing

individuals of their rights, commonly known as Miranda rights. This

includes the right to remain silent, the right to an attorney, and the

understanding that anything they say may be used against them in

court.

Failure to adequately protect the human rights of individuals who are

arrested, detained, or under custodial investigation can lead to serious

consequences for police officers, both professionally and legally. The

potential consequences may include: Internal Disciplinary Actions,

Criminal charges, Civil lawsuits and loss of Professonalism.

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Ensuring the protection of human rights for individuals who are

arrested, detained, or under custodial investigation can present ethical

dilemmas and conflicts for law enforcement officers. Some potential

challenges include: Balancing Public Safety and Individual Rights and

pressure to obtain confession.

STRATEGIES FOR ENSURING ADEQUATE IMPLEMENTATION OF

HUMAN RIGHTS PROTECTION FOR PERSONS WHO ARE ARRESTED,

DETAINED, OR UNDER CUSTODIAL INVESTIGATION.

Legal education, human rights workshops and seminars, and

scenario-based training for fostering ethical behavior within law

enforcement are the methods used to train police officers to respect and

uphold the human rights of individuals who have been arrested,

detained, or are under custodial investigation.

Law enforcement agencies typically have standard operating

procedures in place that dictate the proper protocols for communicating

rights to individuals during the arrest, detention, and custodial

investigation. Standards operating procedures serve as guidelines for

officers to follow consistently.

Police officers has proven to be an effective measure in promoting

accountability and transparency through wearing body cameras to

protect rights of a person arrested. These cameras record interactions

 28

between officers and individuals, providing a visual record that can be

reviewed in cases of disputes or allegations of misconduct.

Police officer ensured that people with intellectual disabilities had

access to legal counsel during custodial investigations. This may involve

informing caregivers or support persons about the individual's right to

legal counsel and facilitating communication with attorneys.

Police department support and provide necessary assistance to

individuals who are arrested, detained or under custodial investigation

by promote awareness of legal aid hotlines that individuals can contact

for immediate legal advice or assistance. This information can be shared

during the arrest or detention process to help individuals access legal

support promptly.
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CHAPTER 4

CONCLUSIONS AND RECOMENDATIONS

This chapter presents the conclusion and recommendation after

careful review and treatment of the study.

Conclusions

The effective implementation of human rights protection for

individuals undergoing arrest, detention, and custodial investigation

relies on ongoing human rights training for police officers, fostering

dialogue and collaboration between law enforcement and human rights

organizations, maintaining respectful and clear communication with

individuals under arrest, and implementing measures to prevent

arbitrary detention. Moreover, protecting the human rights of individuals

who are arrested, detained, or under custodial investigation requires

addressing challenges such as the lack of officer training and the ethical

dilemmas of balancing public safety and individual rights. It is crucial for

police officers to be well-trained and informed about human rights,

including the Miranda rights, to ensure fair treatment. Failure to protect

human rights can lead to serious consequences for officers. By

recognizing and addressing these challenges, we can strive for a system

that upholds human rights and respects the dignity of all individuals

involved. And implementing strategies such as comprehensive training,

clear standard operating procedures, the use of body cameras, ensuring

 30

access to legal counsel, and promoting awareness of legal aid hotlines

can significantly contribute to the protection of human rights for

individuals who are arrested, detained, or under custodial investigation.

These factors work together to uphold the rights and dignity of detainees,

ensuring a fair and just process and these measures prioritize human

rights, promote transparency and accountability, and provide necessary

support, ultimately fostering a just society that upholds and respects the

rights of all individuals.

Recommendations

The following recommendations are based on the results and

discussions of this study on the effective implementation of human

rights protection for persons who are arrested, detained, and under

custodial investigation.

1. Enhance Human Rights Training: It's important to provide

comprehensive and frequent human rights training for police officers.

This will help them better understand the legal rights of individuals

under arrest and enable them to protect and uphold human rights

during the arrest, detention, and custodial investigation processes.

2. Strengthen Communication and Collaboration: Encourage dialogue

and collaboration between law enforcement agencies, human rights

organizations, legal professionals, and community representatives. By

working together, we can create and improve laws that balance human

rights protection with legal enforcement.

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3. Clear and Respectful Communication: Emphasize the importance of

clear and respectful communication between police officers and

individuals under arrest. Officers should explain the reasons for the

arrest, the charges against the person, and their rights in a language

that the individual can understand. This ensures that the rights and

dignity of persons under arrest, detention, and custodial investigation

are respected and protected throughout the process.

4. Prevent Arbitrary Detention: Implement measures to prevent arbitrary

detention. Police officers should promptly notify a family member, friend,

or another person chosen by the detainee about the arrest. This

notification helps prevent arbitrary or secret detentions and provides a

safeguard against potential abuse.

5. Use of Interpreters: Encourage the use of interpreters during arrests,

questioning, and interactions to overcome language barriers and cultural

differences. This ensures accurate communication between police officers

and the individuals under arrest, detention, or custodial investigation.

6. Continuous Training and Education: Provide ongoing legal education,

human rights workshops, seminars, and scenario-based training for law

enforcement officers. These initiatives promote ethical behavior and

reinforce the importance of respecting and upholding the human rights

of individuals who have been arrested, detained, or are under custodial

investigation.
 32

7. Standard Operating Procedures: Maintain and enforce standard

operating procedures that clearly outline the protocols for

communicating rights to individuals during the arrest, detention, and

custodial investigation. These procedures serve as guidelines for officers

to consistently follow, ensuring that individuals are informed of their

rights.

8. Body Cameras: Implement the use of body cameras for police officers.

These cameras promote accountability and transparency by recording

interactions between officers and individuals. In cases of disputes or

allegations of misconduct, the recorded footage can serve as visual

evidence.

9. Access to Legal Counsel: Ensure that individuals with intellectual

disabilities have access to legal counsel during custodial investigations.

Inform caregivers or support persons about the individual's right to legal

counsel and facilitate communication with attorneys to protect their

rights.

10. Promote Legal Aid Hotlines: Support and provide necessary

assistance to individuals who are arrested, detained, or under custodial

investigation by promoting awareness of legal aid hotlines. This

information can be shared during the arrest or detention process to help

individuals access legal support promptly.

 33

By implementing these strategies, law enforcement agencies can work

towards ensuring the adequate implementation of human rights

protection for persons who are arrested, detained, or under custodial

investigation and this will also contribute to a fair and just system that

respects the rights and dignity of all individuals involved.

 34

REFERENCES

Books and Journals

Anch, A. E., Kesin, H., & Brian, J. (2009). Joined Cases Aranyosi and

Căldăraru: Converging Human Rights Standards, Mutual Trust and a

New

Ground for Postponing a European Arrest Warrant, 26(3), 103-130.

Retrieved on Sep., 2019 from https://goo.gl/T4mve3

Alakhi, I., “What Can International Law Learn from Indian Mythology,

Hinduism and History?” 2 JEAIL 246 (2009)

Beda, G. (2018). Directive Principles of State Policy. In The Oxford

Handbook of the Indian Constitution. Retrieved on Sep. 18,2023 from

https://papers.ssrn.com/sol3 papers.cfm?abstract_id=2411046

Cone, C., Medina, R. O. and R.S. Shawn, 2008. A cross- cultural

investigation of human rights awareness programs. Inform. Manage.

Security, 16:360-376

Calbir, B., The Constitution and Criminal Justice Administration,

42(APH Pub. Delhi, 2002).

Dawadi, S. (2020). Thematic Analysis Approach: A step by step guide for

 35

ELT research practitioners. Journal of NELTA, 25(1–2), 62–71.

https://doi.org/10.3126/nelta.v25i1-2.49731

Jaishree, J., Human Rights of Accused and Juveniles: Delinquent in

Conflict with Law, 50-51 (Eastern Books Corporation,2005

Kallio, H., Pietilä, A.-M., Johnson, M., & Kangasniemi, M. (2016).

Systematic methodological review: developing a framework for a

qualitative semi-structured interview guide. Journal of Advanced

Nursing, 72(12), 2954–2965. doi:10.1111/jan.13031

Locke, J., The Minor Law Books Trans., Part I, Narada. Brihaspati, 188

(Oxford the Clarendon Press, 1889, reprinted in 2008 by Forgotten

Books).

Mukherjee, R. K. (1969). Ancient Indian Education, 135 (Delhi: Motilal

BanarsiDas, Delhi, 1969)

Naylor, R. (2016). Living with a right of a person. Society in India, 221

(Popular Prakashan Ltd, Bombay, 1998).

Ophoff, J., & Miller, S. (2019). Business priorities driving BYOD

adoption: A case study of a South African financial services organization.

Issues in Informing Science and Information Technology.

 36

https://doi.org/10.28945/4303

Ryan, F., Coughlan, M., & Cronin, P. (2009). Interviewing in qualitative

research: The one-to-one interview. International Journal of Therapy and

Rehabilitation, 16(6), 309–314. doi:10.12968/ijtr.2009.16.6.42433

Sunil. K, Bhattacharya, K. (2000). Juvenile Justice-An Indian Scenario,

56 (Regency Publication, New Delhi, 2000)

Verce, R. L. (201p). Arrest and Detention in Indonesian Criminal

Procedure Code under Human Rights Perspective, 4(3), 195-204.

Retrieved on September 7, 2023 from https://goo.gl/M3gROn

Wales, D. S. 2001, General Principles of Human Rights Law Recognized

by all Nations: Freedom from Arbitrary Arrest and Detention edited by D.

S. Wall, 1–17. New York: Routledge. [Crossref], [Google Scholar]

Wayne R. (1986). Criminal Law.2nd ed.St. Paul, Minnesota: West

Publishing Company 1986 (23)

William, R., “Revenge on Utilitarianism: Renouncing A Comprehensive

Economics Theory of Crime and Punishment”, Indiana Law Journal, 74,

627, 1999, p.9 (22)

 37

Electronic and Online Sources

http://www.ohchr.org/en/issues/pages/whatarehumanrights.aspx

http://www.accesstoinsight.org/lib/authors/dhammika/wheel386.html

(visited on 23rd Oct. 2010)

https://www.ohchr.org/en/instruments-and-mechanisms/

humanrights-indicators

https://www.delacalzadalegal.com/uncategorized/rights-of-a-

personunder-custodialinvestigation/#:~:text=Sec.,must%20be

%20provided%20with%20one.

https://www.europarl.europa.eu/stoa/en/document/EPRS_STU(2021)6

97191

Appendix A
 38

Letter to Conduct Study

Appendix B
 39

Letter to the Respondents

Appendix C
 40

Informed Consent Form

Appendix D
 41

Questionnaire

I. FROFILE OF RESPONDENT’S

 NAME(Optional): ____________________________________

II. KEY FACTORS THAT INFLUENCE THE EFFECTIVE

IMPLEMENTATION OF HUMAN RIGHTS PROTECTION FOR PERSONS
WHO ARE ARRESTED, DETAINED, AND UNDER CUSTODIAL
INVESTIGATION.

 How are police officers trained on human rights laws and

procedures in the context of arrests, detention, and custodial
investigation? (Paano sinasanay ang mga opisyal ng pulisya sa
mga batas at pamamaraan ng karapatang pantao sa konteksto ng
pag-aresto, pagkulong, at pagsisiyasat sa kustodiya?)

 How do you handle situations where there is a conflict between

enforcing the law and respecting the human rights of persons
under arrest, detention, and custodial investigation? (Paano mo
pinangangasiwaan ang mga sitwasyon kung saan may salungatan
sa pagitan ng pagpapatupad ng batas at paggalang sa mga
karapatang pantao ng mga taong nasa ilalim ng pag-aresto,
pagkakakulong, at pagsisiyasat sa kustodiya?)
 How do police officers ensure that the rights and dignity of persons
under arrest, detention, and custodial investigation are respected
and protected throughout the process? (Paano tinitiyak ng mga
opisyal ng pulisya na ang mga karapatan at dignidad ng mga taong
nasa ilalim ng pag-aresto, detensyon, at pagsisiyasat sa kustodiya
ay iginagalang at pinoprotektahan sa buong proseso?)
 What measures are taken to prevent arbitrary actions by law
enforcers during arrests, detention, and custodial investigations?
(Anong mga hakbang ang ginawa upang maiwasan ang mga di-
makatwirang aksyon ng mga nagpapatupad ng batas sa panahon
ng pag-aresto, pagkulong, at pagsisiyasat sa kustodiya?)

 How do you handle situations where there may be a language

barriers or cultural differences with individuals who are arrested,
detained or under custodial investigation? (Paano mo hawakan
ang mga sitwasyon na maaring may mga harang sa wika o kultural
na pagkakaiba sa mga individwal na arestado, nakilulong, o nasa
ilalim ng custodial inivestigation?)
 42

III. MAIN CHALLENGES FACED AND FACILITATING FACTORS IN

ENSURING THE PROTECTION OF HUMAN RIGHTS FOR PERSONS
WHO ARRESTED, DETAINED, OR UNDER CUSTODIAL
INVESTIGATION.

 As a police officer, what are the main obstacles or challenges you

faced when it comes to ensuring human rights protection for
persons who are arrested, detained, or under custodial
investigation (Bilang isang opisyal ng pulisya, ano ang mga
pangunahing hadlang o hamon na iyong hinarap pagdating sa
pagtiyak ng proteksyon sa karapatang pantao para sa mga taong
inaresto, ikinulong, o nasa ilalim ng custodial investigation?)

 In what ways do you ensure the fair treatment and rights of the
individuals under your custodial care, especially during the
process of investigation and interrogation? (Sa anong mga paraan
mo tinitiyak ang patas na pagtrato at mga karapatan ng mga
indibidwal sa ilalim ng iyong pangangalaga sa pangangalaga, lalo
na sa panahon ng proseso ng pagsisiyasat at pagtatanong?)

 What are the potential consequences for police officers if they fail
to adequately protect the human rights of individuals who are
arrested, detained, or under custodial investigation? (Ano ang mga
potensyal na kahihinatnan para sa mga opisyal ng pulisya kung
hindi nila sapat na protektahan ang mga karapatang pantao ng
mga indibidwal na inaresto, ikinulong, o nasa ilalim ng pagsisiyasat
sa kustodiya?)

 What potential ethical dilemmas or conflicts may arise in the

process of ensuring the protection of human rights for persons
who are arrested, detained, or under custodial investigation in
these situations? how do you address these challenges? (Anong
mga potensyal na etikal na dilemma o salungatan ang maaaring
lumitaw sa proseso ng pagtiyak ng proteksyon ng mga karapatang
pantao para sa mga taong inaresto, ikinulong, o nasa ilalim ng
custodial investigation sa mga sitwasyong ito? paano mo tutugunan
ang mga hamong ito?)

 Based on your personal experience, how does the level of

accountability and oversight within the police department help in
addressing these challenges and ensuring the protection of human
rights? (Batay sa iyong personal na karanasan, paano
 43

nakakatulong ang antas ng pananagutan at pangangasiwa sa loob

ng departamento ng pulisya sa pagtugon sa mga hamong ito at
pagtiyak ng proteksyon ng mga karapatang pantao?)

IV. STRATEGIES FOR ENSURING ADEQUATE IMPLEMENTATION OF

HUMAN RIGHTS PROTECTION FOR PERSONS WHO ARE ARRESTED,
DETAINED, OR UNDER CUSTODIAL INVESTIGATION.

 What methods are employed in the training of police officers to

respect and uphold the human rights of individuals who are
arrested, detained, or under custodial investigation? (Anong mga
pamamaraan ang ginagamit sa pagsasanay ng mga opisyal ng
pulisya upang igalang at itaguyod ang mga karapatang pantao ng
mga indibidwal na inaresto, ikinulong, o nasa ilalim ng
imbestigasyon sa kustodiya?)

 What measures are in place to ensure that the rights of individuals

are effectively communicated to them during the arrest, detention,
or custodial investigation process? (Anong mga hakbang ang
inilalagay upang matiyak na ang mga karapatan ng mga
indibidwal ay epektibong ipinapaalam sa kanila sa panahon ng
proseso ng pag-aresto, pagkulong, o pagsisiyasat sa kustodiya?)

 Could you share any successful initiatives or practices that your

department has implemented to effectively protect the human
rights of individuals who are arrested, detained, or under custodial
investigation? (Maaari ka bang magbahagi ng anumang
matagumpay na mga hakbangin o kasanayan na ipinatupad ng
iyong departamento upang mabisang protektahan ang mga
karapatang pantao ng mga indibidwal na inaresto, ikinulong, o
nasa ilalim ng custodial investigation?)

 How do you address the specific needs of persons with intellectual

disabilities during the arrest, detention, or custodial investigation
process? (Paano mo tinutugunan ang mga partikular na
pangangailangan ng mga taong may kapansanan sa intelektwal sa
panahon ng proseso ng pag-aresto, detensyon, o pagsisiyasat sa
kustodiya?)

 Could you elaborate on how your police department collaborates

with organizations or support services to provide necessary
assistance and representation to individuals who are arrested,
 44

detained, or under custodial investigation? (Maaari mo bang

ipaliwanag kung paano nakikipagtulungan ang iyong departamento
ng pulisya sa mga organisasyon o serbisyo ng suporta upang
magbigay ng kinakailangang tulong at representasyon sa mga
indibidwal na inaresto, ikinulong, o nasa ilalim ng imbestigasyon sa
kustodiya?)

CURRICULUM VITAE
 45

CASTILLO, MAC ALJERICHO P.

#35 Liteng, Pacdal, Baguio City
09501166386
[email protected]

PERSONAL DATA

Date of Birth : July 17. 2001

Place of Birth : Burgos, La Union

Height : 5.8 feet

Language spoken : English. Tagalog, Ilocano

Religion : Born Again

Name of Parents : Dante A. Castillo

: Meriam P. Castillo

EDUCATIONAL BACKGROUD

College Baguio Central University

18 Bonifacio St., Baguio City

2024 present

Secondary Rizal National High School

Pacdal, Baguio City

2013-2019

Primary Rizal Elementary School

Pacdal, Baguio City

2007-2013

DOCUMENTATIONS
46