Chapter III: FOUNDATION OF HUMAN RIGHTS PRINCIPLES ‘AND CLASSIFICATIONS derstanding Hans Right Interasiona lmnitaian Law IMPORTANCE OF HUMAN RIGTHS TO LAW ENFORCEMENT Policing is at the heart of a broad spectrum of human rights, discourses. This has been apparent for many of those working on civil and political rights who have generally targeted police as human rights violators. However, policing also has a direct relevance to economic, social and cultural rights. Police can and should play an important role in ensuring a safe environment in which individuals can seek to realize their full range of rights ~ be they social and economic or civil and politcal PNP Vision Imploring the aid of the Almighty, by year 2030, we shall be a highly capable, effective and credible police service working in partnership with a responsible community towards the attainment of a safer place to live work and do business. PNP Core Values Service, Honor, and Justice PNP Motto We Serve and Protect PNP Mission To enforce the law, to prevent and control crimes, to maintain peace i fo maintain ‘and order, and to ensure public safely and internal security with the active support of the community Understanding Hanan Rights & ero asian Law Scanned with CamScannerThe human rights framework protects civil, political, economic, Social and cultural rights. But no matter what kind of right is at ‘sue, there are basic principles that are always part of human "ights standards and implementation. These principles include: Peo Hoh Intemational Human Rinhts standards for Law Basic Standard 1: Everyone is entitled to equal protection of the law, without discrimination on any grounds, and especially against violence or threat. Vigilant to protect potentially vulnerable groups ildren, the elderly, women, refugees, displaced persons ‘and members of minority groups. For the implementation of Basic Standard 1 itis of great importance Police officers at all times f by serving the viclims of crime with compassion and respect, and in lar protect their safely and privacy. Victims are people who have suffered harm, including mental and hysical |. economic loss or substantial rights through acts or omissions that are in violation of criminal law. 8 Intemational Humanitin Law Basic Standard 3: Donotuse force except when strictly necessary and tothe minimum extent required under the circumstances. The implementation of Basic Standard 3 involves, among other things, that Police officers, in carrying out their duty, should apply non-violent means as far as possible before resorting to the use of . They may use force only if other means remain ineffective, Basic Standard 4: nt ‘Avoid using force when policing unlawful but noni assemblies. When dispersing violent assemblies, use force only the minimum extent necessary. Everyone is allowed to participate in peaceful assemblies, whether political or non- politcal, subject only to very limited restrictions imposed in conformity with the law and which are necessary in a democratic society to protect such interests as public order and public health. Basic Standard 5: Lethal force should not be used except when strictly unavoidable in order to protect your life or the lives of others. Maybe use only in the following situation: Self-defense, Defense of a stranger or a family and In the performance of a lawful duty (PNP Police Operational Procedures 2013) Basic Standard 6: ‘Arrest no person unless there are legal grounds to do so, and the arrest is carried out in acoordance with lawl arrest procedures To make sure that an amest is lawful and not arbitrary, nor delay, it is important that the reasons for the arrest and the Powers and identity of arresting officers are known ‘Understanding Hans Right & Itt tua Law Scanned with CamScanner= Basic Standard 7: Ensure all detainees have access promply after arrest to their family and legal representative and to any necessary medical assistance. Compliance with RA 9745 or the Anli-torturo act and Rights ‘of a person under custodial investigation should be properly ‘observed (RA 7438). Basic Standard 8: All detainees must be treated humanely. Do not inflict, instigate or tolerate any act of torture or illtreatment, in any circumstances, and refuse to obey any order to do so. Basic Standard 9; Do not carry out, order or cover up extrajudicial killings or ‘enforced disappearances”, and refuse to obey any order to do so. No one should be arbitrarily or indiscriminately deprived of life. An extrajudicial is an unlawful and deliberate killing carried out by, or on the order of, someone at some level of government, whether national, state or local, or with their acquiescence. Basic Standard 10: Report all breaches of these Basic Standards to your senior officer and to the office of the public prosecutor, Do everything within your power to ensure steps are taken to investigate these breaches. Al violations of human rights by the police or other law enforcement should be investigated fully, promptly and independently, anding Human Rights aternationa Hunan Law Uslovntietmatie ¢tacttinintee BES] Scanned with CamScannerScanned with CamScannerPROFESSIONALISM Aset of internalized character strengths & values, high quality service to others, show of self- respect, commitment to excellence, adherence Understanding Haman Hight Internation] Humanitarian Law Scanned with CamScannerWHAT IS RIGHTS-BASED POLICING? |GHTS-BASED POLICING Gross Human Rights Vi 1. Enforced Disappearances (ED) - The ‘disappeared’ are People who have been taken into custody by agents of the State, whose whereabouts are concealed and whose custody is denied Compliance with intemational human rights standards in policing. jens are CLAIM-HOLDERS whose rights must be respected and protected by the police. ings (EJK) - are unlawful and deliberate , carried out by order of a government or with its complicity (accomplice) or acquiescence (acceptance) 3. Torture - extreme/severe pain through physical or psychological means to elicit information, etc. Police Officers are DUTY-HOLDERS with obligations to respect, protect and fulfil human rights. To RESPECT human rights - avoid interfering with the enjoyment of pcopiate rights. Theso 3 cases are very serious crimes committed by goverment workers such cases require prompt, thorough and impartial investigation officers & personnel commit HRV because of: Incorrect use (wrong use) of lawful military authority or power Abuse of military authority or power. ‘To PROTECT human rights - equal protection to all persons To FULFILL human rights - implement systems, mechanisms, and procedures that enable people to claim and enjoy their rights. “All acts of violence perpetrated by the State in the name of ‘national security or the war on terrorism, which violate international ‘human rights faw, are in fact, terrorist acts themselves". mil ‘SUMMARY 1. ALLOF US HAVE HUMAN RIGHTS . 2. OUR POWER & AUTHORITY IS FROM THE PEOPLE. sit CAPRA NRA AR NE ry may commit HRV: Scanned with CamScanner 8 4. WE MUST USE POWER & AUTHORITY TO SERVE & PROTECT PEOPLE. TO SERVE AND PROTECT IS TO RESPECT, PROTECT, & FULFILL HUMAN RIGHTS. HUMAN RIGHTS VIOLATIONS ARE OFTEN THE RESULT OFWRONG PERCEPTION ABOUT HUMAN RIGHTS, UN- PROFESSIONAL BEHAVIOR & COMPETENCY GAPS. TO ACCOMPLISH OUR MISSION WE MUST PRACTICE RIGHTS-BASED POLICING + PROFESSIONALISM COMPETENCY + HUMAN RIGHTS PRINCIPLES & PRACTICES: nee saemiecion earn intone TSS Common causes for popular di Unlawful, unnecessary or dispro portionate use {authority & obligation) ore Arbitrary Arrest or Detention (contain elements of injustice, irregular, unreasonable & disproportionate) ; Torture or other cruel, inhuman or degradi Tel org jegrading treatment or Enforced Disappearance ‘Summary Execution or Extrajudicial faction: selective enforcement of the law. rude behavior, abusive language & contempt towards HR. 'gnorance of the laws of HR, or deliberately disregard them in matters of arrest, interrogation, searching & detention differential attitudes depending on socio-cultural status, Understanding Haran Rights & Inertial Hamairan Laey enforcement, ‘own inefficiency. i jink HR as antithe: mes the law, lawyer, and courts for font to lawful arrest vehicles (search based on probable required for the search of a dwolling house. ‘Waiver of right ‘Armed Conflict (wartime) Conduct of “Areal Target Zone" and “Saturation Drives”, Gheckpoints (requisites) abnormal times Limited to visual Search Vehicle not searched Passengers not subjected to body search. ‘Stop and Frisk - Limited protective search Prevailing general chaos and disorder because of an on- going coup. Note on Checkpoints: vehicle is neither searched nor its occupants subjected to body search & inspection of vehicle is limited to visual ‘search = itis a valid search. Valid warrantless arrests: ‘Caught in the act Investigation or personal knowledge Escaped detention/sentenced prisoner (Escape) Waiver of invalid arrest Hot pursuit (continuous & no supervening event) Stop and frisk Understanding Muman Rights & laternational fumantaran La Tho Duty to Invostigate: All HRV. investigations must_be thoroughly (cory or personnel is capable of as a whole ‘Understanding mas kighs ema! Humsnitian L Scanned with CamScannerPOLICE STATION CHECKLIST ON HUMAN RIGHTS-BASED POLICING (As maintained by the Human Rights Desk) Number and profile of personnel with: 4. Basic and advanced in human rights 2. Human rights modules in mandatory and special courses 3. Additional human rights seminars, workshops, and training conducted by CHR 4, Additional human rights seminars, workshop, training conducted by NGOs and foreign organizations, 2. Number of custodial detention facilities / lock-up cells inspected. 1. Are there separate facilities for men, women, and children? 2. Is there a regularly updated Database on Detainees including their complete name, 3. address, age, sex, nature of crime or offense, status of case or investigation, date ‘Understanding Human Right & ftematonal Mumanitsian Lo” . Display of posters and information materials on Rights of . Display the posters Preparation of Human Rights Desk Workflow and directory |. Human Rights Promotion/Protection Action Plan (police 4. of inquest, release or transfer to jail, contact details of lawyer or family, etc.? 5. Are the custodial detention facilities /ock-up cells clean, safe, and secure? 6. Are detainees confined in facilites that pose no threat to their heath and safety? 7. Excessive Use of Force (EF) Number and profile of complaints of alleged human rights violations such as: 3. Extra-legal Killings (ELK) or summary executions 4. Enforced Disappearance (ED) 5. Other human rights violations Number and status of alleged cases of human rights Violations investigated or handled by the police station, Persons Arrested, Detained or Under Investigation (RA. 7438) at the police station and other PNP offices. side the investigation room, near 3s, and other prominent locations custodial detention fe inside the police station, Activation of human rights desk and designation of human rights desk officers (HRDOs) at the police station level including: of other PNP units and government agencies involved in hhuman rights protection. station-level) ‘Understanding Hama Righs erst amano La Scanned with CamScannerCoordination {BHRAO) on joint hu protective services to vi and other mission-esse promotion and pi Barangay Human Rights Action Officer 19 tights plans and activities; is of human rights violation tasks related HUMAN RIGHTS DESK BASIC OPERATIONAL PROCEDURES ing / Taking Action on Complaints of Alleged Human Rights 4. Politely greet the complainant or any person that approaches the Human Rights Desk. Stale your rank and full name, then ask the complainant or person about his specific need or purpose for approaching your desk. (WCPD), etc. 3. Assess if the complaint is about alleged enforced 1g (ELK), torture (TOR) ce by a police officer andlor law enfor the complaint is related to human rights violations cited No. 2, get a written statement from the complainant about the incident. Get full details of the incident, complete name and contact det mation. Inform the complainant that he/she will re on actions taken by the Human Rights Desk / within three (3) days. Further, inform the compiainan the update on actions taken may be sent via phone cal text message, email, or as a lastresort, via post mi the complainant with your official telephone! il address, and other contact details. Rights & International main La : B human rights) 0 at the community level. } } i ‘of the complainant, and other pertinent <> ‘an update | Station | 6. Thank the complainant for reporting the incident / human rights violation. Express. reas Human Rights Desk would closely moni uni agencies that wil handle the complaint or report of alleged human rights violation. Fundamental Principles of international Humanitarian Law 4. Principle of Distinction , Parties to the conflict shall at all times distinguish between the civilian population and combatants, and between civilian objects and military objectives and, accordingly, shall direct their ‘operations only against military objectives. 2. Principle of Proportionality ‘The actual damage that is caused by attacking a military target ‘must not be larger than the calculated military advantage. 3. Principle of Military Necessity The only legitimate objective, which states should endeavor to aken the military forces of the sufficient to disable the greatest enemy; that for this purpose, Possible number of men. (bit:twwwwicre.org) Implementation of International Humanitarian Law The 1949 Geneva Conventions and their Additional Protocols are international treaties which serve as the core of intemational ‘humanitarian law, a part of the body of international law that governs Of states during warfare and internal armed conflict. However, treaties of IHL, to be universally accepted must be formally ication or accession. After which, islation and take practical ‘measures in order for the rules to be fully effective. . Understaning Hanan Rights & ncratnal Hamat Lae Scanned with CamScannerjnes ratified the Geneva Conventions of 1949 on October 6, 1952 and signed the following Additional Protocols on December 12, 1977: Protocol | which applies to the protection of victims of international armed conflicts and Protocol I! which deals th the protection of victims of non-international armed conflicts. (On December 11, 1986, the Philippines ratified Protocol I. ‘The Philippine government enacted Republic Act 9851, otherwise known as the “Philippine Act on Crimes Against Intemational ian Law and Genocide and Other Crimes Agains ‘wich mandates both state and non-state armed groups. ternational humanitarian law standards, giving victims imes, genocide, and crimes against humanity The salient provisions of Republic Act 9851 are as follows: ternational law as part of the domestic law ines adopts the generally accepted principles of ternational law as part of the law of the country, including the Hague Conventions of 1907, the Geneva Conventions on the protection of victims of war and international humanitarian law. (Section 2d, RA 9851) Universal jurisdiction of the crime ‘The law provides that Philippine Regional Trial Courts (RTC) shall have the 1 and exclusive jurisdiction over persons fernational crimes punishable under this law, Whether military or civilian, suspected or accused of the cri defined and penalized under this law. (Section 17, Chapter Vill, RA9851) 3. Non-prescription of the offense 3 defined and penalized under this law, their ind the execution of sentences imposed on their }ot be subject to any prescription. (Section 11, 4, Liability of non-state actors ‘The law lays down the rules which War crimes or crimes against IHL In case of a non-international armed conflict, ‘war crimes” are any of the following acts committed against persons taking no active part in the hostilities, including members of the armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause: a. Violence to life and person, in i . in particular, willful Killings, mutilation, crue! treatment and torture; ° 19 outrages upon personal dignit ig and degrading treatment; ing out of sentences and the carrying out of ions without previous judi regularly constuted cout, oes Pronounced By @ in particular, Other serious violations of the la confit, within the estabished ramononk ott oe ammed cama led framework of international law, are as a. Intentionally directing attacks Ss or agetnt aman tacks aginst th cian population pastiion 1S not taking direct part in recting alta inst civilian obj Geis Srecing al re against civilian objects which Girecting attacks against buildings, materials, ond ‘anspor, and personnel using the ms of the Geneva Conventions or Additional in conformity with international law; Scanned with CamScannerd. Launching an attack in the knowledge that such attack will anticipated; fe. Launching an attack against works or installations contai dangerous forces in the knowledge that such attack wi cause excessive loss of life, injury to civilian objects, and death or serious injury to body or health; ‘Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives, or making non-defended localities or demilitarized zones the object of attack; ing or wounding a person in the knowledge that he/she is hors de combat, including a combatant who, having laid down hisfher arms or no longer having means of defense, has surrendered at his/her discret a flag of truce, of the flag or the military insignia and uniform of the enemy or of the United Nations, as well as of the di tentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick ‘and wounded are collected; |. Subjecting persons who are in the power of an adverse party, nor to medical or scientific experiments interest, and which cause death to or seriously endang health of such person or persons; Understanding Noman Rights & Internation 2 perfidy; |. Declaring that no quarters will be given; 'm. Pillaging a town or place, even when taken by assa less the security of the ry reasons so demand; 19 outrages upon personal dignity, in particular, 19 and degrading treatments; ®- Commiting rape, sexual slavery, enforced prostitution, Pregnancy, enforced sterilizatior f eee lization, or any other form of 1g the presence ofa civilian or other protected person nder certain points, areas or miltary forces immune ry operations; and, Committing any of the following acts: (1) Conscripting, enlisting or recruiting children under the age of fifteen (15) years into the national armed forces; (2) Ce it c )e eco ing or recruiting children under the Ge of eighteen (18) years into an armed force or grou other than the national armed forces; and, ee (8) Using children under the partcipae aivelynhostves oe” (9) Yeas to . Genocide “Genocide” i in wl rn pa a halon aac any other similar stable and permanent vom) such a Members of the group; ing serious bod group; © Deliberately inflict to bring about its infentto destroy, DUS, Social or as: ly Or mental harm to members of the ing on the group conditions of it fn fe caloul Physical destruction in whole or in part 7 ‘Unécatanding Hunan Rights & ltrs Hasta Law Scanned with CamScannerImposing measures intended to prevent births within the group; and, Forcibly transferring children of the group to another group. 7. Other Crimes Against Humanity “Other Crimes Against Humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge attack: Extermination; Enslavement; Arbitrary deportation or forcible transfer of population; \ment or other severe deprivation of physical liberty jon of fundamental rules of international law; Torture; Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravit ‘connection with any act referred to in this paragraph or any ime defined in this Act; involuntary disappearance of persons; Other inhumane acts of a similar character intentional causing great suffering, or serious injury to body or to mental or physical health. Understanding Human Rights & Inerationsl Humanitarian Law Activity Ill Instruction: Answer the questions briefly Poa 4, Whatis the importance of human rights to law enforcement? Explain 2. Explain the statement “Treat all victims on crime with compassion and respect, and in particular protect their rights" 3. When does law enforcement officers use lethal force and why? 4. What are the root causes of human rights violation? 5. What happens when police officers don't bridge the gap? 6. How do law enforcement bridge the gap? Explain 7. . What are the key points of Human Rights Principles and practices? Scanned with CamScanner 8. ‘What is Rights-based policing? Explain 9. ‘What are the gross human rights violations? Explain each 10. What are the common causes of for popular dissatisfaction? ‘11. What are the principles of International Humanitarian law? Explain each 12, What Republic Act 9851? Explain the salient provisions of said law 13. Explain the term genocide? 14. Enumerate other crimes against humanity ee |