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Case Study Jan 13 Chapter 1 To 4 No Page
Case Study Jan 13 Chapter 1 To 4 No Page
CHAPTER 1
THE PROBLEM
According to United Nations, human rights are rights inherent to all human
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.
while rights such as the right to a fair trial can also be violated, where no
The apex court in the case State of Haryana v Dinesh kumar1 cited
arrest when used in its ordinary and natural sense means the
arrest in the above sense are that there must be an intent to arrest
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
from him.
are among those who have detention authority (Article 20 of the Criminal
Procedure Code).
State detention, house arrest, and municipal detention are the three
for municipal custody, and one-third of the amount of detention time for
against humanity, arrests must be made by officials who do not have the
and courts are all involved in the custody process. If the official who
activities are following human rights norms. Even at the police level, the
actions done are concerned and in compliance with human rights norms.
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
psychiatric facilities.
more detailed non- treaty or ‘soft law’ rules and standards developed to
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their liberty to be treated ‘with humanity and with respect for the
only to the person being arrested but also to their family members,
the procedure.
for the arresting team to properly identify themselves during the arrest,
recommended for transporting the arrested person(s) from the site of the
person about their rights under the law. This includes reciting the
rights of the arrested person and the integrity of the law enforcement
process.
an offense or crime has just occurred, and the police officer possesses
also ensure that the arrested person is properly informed of their rights
under the law, upholding the principles of due process and legal
adhere to the provisions of Republic Act 7438, which outlines the Rights
mandatory for all PNP personnel to inform individuals who have been
the law, with a particular emphasis on their Right to Counsel and Right
for the health, safety, and hygiene of all individuals under their custody.
adjustments should also account for the need for adequate space for
ensuring security within the station and promoting safe, healthy, and
Natural law theory posits that human rights are inherent and based
certain fundamental rights simply because they are human. These rights
include life, liberty, and the pursuit of happiness. Natural law theory
rights, and laws inconsistent with these inherent rights are unjust.
every human being. It argues that human rights are rooted in the
with respect and fairness. This theory is often associated with the
human rights instruments, which assert that all people are born free and
their circumstances.
study are the individuals who find themselves in detention, under arrest,
their human rights are upheld and protected during these critical and
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ensure they adhere to human rights standards while carrying out their
duties.
study. The findings can help them advocate for the rights of their clients
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
1. What are the key factors that influence the effective implementation
ensuring the protection of human rights for persons who are arrested,
human rights protection for persons who are arrested, detained, and
CHAPTER 2
Research design
will collect data through the collection of stories and narratives from the
person. The narrative approach will provide valuable insights into the
Loiselle, 2007). In regard to this, the researcher will opt for semi-
data from the police officers involved in the arrest, detention, and
(DiCicco-Bloom & Crabtree 2006) and the rigidity of its structure can be
2010).
information.
officers from Station 3 located in Pacdal, Baguio City who are involved in
rights.
individuals.
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
investigation of individuals.
law enforcement.
directly relate to, and are appropriate for, exploring the implementation
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person.
(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
provide the researcher with the necessary information for the study.
organize and analyze complex data sets. It is a search for themes that
reading of the transcribed data (King, 2004; Rice & Ezzy, 1999).
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.
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
map. The naming and defining themes stage involved an iterative process
Ethical Considerations
voluntarily withdraw from the study at any stage of the interview process
the participants have full autonomy and control over their participation
begins. Strict measures will also be taken to protect the privacy and
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cetera as their codes. The collected data will be securely stored and
Upon the completion of the study, all recorded data will be destroyed.
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CHAPTER 3
human rights protection for persons who are arrested, detained and
Police officers attend seminars and receive training on human rights laws
guidelines for the use of force, ethical conduct, procedural justice, and
Police officers ensured that the rights and dignity of persons under
the reasons for the arrest, the charges against the person, and their
crime against legal statute, or in which there has been no proper due
Using of interpreters will help the Police officers and the person who
INVESTIGATION.
infrequent human rights training for police officers may result in a lack
Police officers ensure the fair treatment and rights of the individuals
includes the right to remain silent, the right to an attorney, and the
court.
enforcement are the methods used to train police officers to respect and
support promptly.
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CHAPTER 4
Conclusions
addressing challenges such as the lack of officer training and the ethical
that upholds human rights and respects the dignity of all individuals
These factors work together to uphold the rights and dignity of detainees,
ensuring a fair and just process and these measures prioritize human
support, ultimately fostering a just society that upholds and respects the
Recommendations
rights protection for persons who are arrested, detained, and under
custodial investigation.
This will help them better understand the legal rights of individuals
under arrest and enable them to protect and uphold human rights
working together, we can create and improve laws that balance human
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
investigation.
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rights.
8. Body Cameras: Implement the use of body cameras for police officers.
evidence.
rights.
investigation and this will also contribute to a fair and just system that
REFERENCES
Anch, A. E., Kesin, H., & Brian, J. (2009). Joined Cases Aranyosi and
New
Alakhi, I., “What Can International Law Learn from Indian Mythology,
https://papers.ssrn.com/sol3 papers.cfm?abstract_id=2411046
Security, 16:360-376
https://doi.org/10.3126/nelta.v25i1-2.49731
Locke, J., The Minor Law Books Trans., Part I, Narada. Brihaspati, 188
Books).
https://doi.org/10.28945/4303
http://www.ohchr.org/en/issues/pages/whatarehumanrights.aspx
http://www.accesstoinsight.org/lib/authors/dhammika/wheel386.html
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
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Appendix B
39
Appendix C
40
Appendix D
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Questionnaire
I. FROFILE OF RESPONDENT’S
NAME(Optional): ____________________________________
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?)
CURRICULUM VITAE
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PERSONAL DATA
: Meriam P. Castillo
EDUCATIONAL BACKGROUD
2024 present
2013-2019
2007-2013
DOCUMENTATIONS
46