UNIT III: HUMAN RIGHTS IN PHILIPPINE LAW ENFORCEMENT

POLICE OBLIGATIONS IN HUMAN RIGHTS

POLICE includes all law enforcement officials who conduct arrest under Rule 113 of the
Rules of Court

Human Rights Police Should Police Should Not

Life Take appropriate action in
case of threats to life and
property
Freedom from torture and Act on domestic violence
ill-treatment swiftly
Personal liberty and fair Uphold and respect the
trial person’s right to be
informed of the nature and
cause of arrest/accusation
Peaceful assembly Maintain peace and order
Use excessive lethal force
Intimidate during
interrogation and use
excessive physical force
Arrest without sufficient
ground(s)
Unlawful disperse or low or
no tolerance

Basic International Human Rights Standards for the Law Enforcement

There are at least 10 basic international human rights standards for law enforcement that
all police organizations around the world must strive to attain. By adhering to international
standards, the PNP is able to comply with a uniform set of principles and practices that is
expected from all police officers by the international community:

1. Equal Protection - Everyone is entitled to equal protection of the law, without

discrimination on any grounds, and especially against violence and other threats. Be
especially vigilant to protect potentially vulnerable groups such as children, the
elderly, women, refugees, displaced persons, and members of minority groups.
2. Respectful Treatment Treat all citizens and victims of crime with compassion and
respect, with utmost consideration for their need for safety and privacy. It must be
remembered that under the law, all arrested persons and detainees are still
considered innocent and have the right to due process. Only the court can determine
their guilt or innocence. Even when they are already convicted by the court, they
still have the right to be treated humanely, with full respect and dignity.
3. Use of Force-Do not use force, except when strictly necessary and to the minimum
extent required under the circumstances.

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 4. Policing Non-Violent Assemblies - Avoid using force when policing unlawful but
non-violent assemblies. When dispersing violent assemblies, use force only to the
minimum extent necessary.
5. Use of Lethal Force - Lethal force should not be used, except when strictly
unavoidable in order to protect your life or the lives of others
6. Arresting Persons on Legal Grounds - Arrest persons only if there are legal
grounds to do so, and the arrest is carried out in accordance with lawful arrest
procedures.
7. Detainee's Rights - Ensure that all detainees, immediately after their arrest, have
access to their family and lawyer. They must also be given immediate medical
assistance whenever necessary.
8. Humane Treatment of Detainees - All detainees must be treated humanely. Under
any circumstances, do not inflict, instigate, nor tolerate any act of torture or ill-
treatment and refuse to obey any order to do so.
9. Refusal to Obey Unjust Orders - Do not carry out, order, or cover-up extralegal
killings or enforced disappearance and refuse to obey any order to do so.
10. Reporting Violations - Report all violations of these standards to your senior
officer and to the nearest prosecutor's office. Do everything within your ability and
authority to ensure that steps are taken to investigate violations of these standards.

Ethical and Legal Conduct of Law Enforcers

As previously defined, human rights are inherent in the dignity of every human being. As
such, law enforcers are expected to respect and obey the law, especially in effecting
procedures for arrests and seizures. Of course, a law enforcer is also expected to maintain a
high degree of responsibility required by his or her profession. Thus, his or her duty as law
enforcer is to maintain the ethical standards of his or her profession and maintain the
sanctity of human rights on every person to whom he or she has arrested. In other words,
all police actions must strictly observe the principles of legality, necessity,
nondiscrimination, proportionality, and humanity.

Police are the first line of defense for human rights. They are the guardians of the law,
including human rights law. The community depends on the police to protect the full range
of rights through the effective enforcement of the country's criminal laws.

The following are some of the most serious human rights violations requiring police
vigilance.

 Torture - This refers to any act committed with the intent to cause severe pain or
suffering, mental or physical, for the purpose of:
o (a) obtaining information or a confession; and
o (b) punishing, intimidating, or coercing.
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  Enforced or Voluntary Disappearance (Desaparecidos) - This is the arrest,
detention, abduction, or other deprivation of liberty by the government or its
agents, or with their complicity, tolerance, or acquiescence, where the fate or
whereabouts of the victim is not disclosed or custody is not confirmed.
 Extralegal. Arbitrary, and Summary Executions (Extrajudicial Killings) - This
refers to the deprivation of life without full judicial and legal process and with the
involvement, complicity, tolerance or acquiescence of the government of its agents.
It includes death through the excessive use of force by police or forces security

Effect of Violation of Human Rights by a Law Enforcement Agent

Surely, a law enforcer will become a law breaker. If the law enforcer transgresses human
rights, he or she also curtailed the human dignity of a person. Consequently public
confidence is eroded, and support by the public is diminished. If a human rights violation
becomes sensationalized, it may even result in a civil unrest, like in the case of George
Floyd of the United States of America where his case drew national and international
criticisms and political pressure.

With the eroded trust, prosecutions in court may be hampered and doubts may be raised
on the integrity of the evidence submitted by law enforcement officials Since people have
no trust in the law enforcement agents, they have the tendency to isolate the police from
the community and may not even cooperate with the successful enforcement of criminal
laws in a locality.

Thus, we should not remove the word "law" from law enforcement. Law enforcers should
be proactive and not reactive.

Effect of Upholding and Protecting Human Rights

Community cooperation and public confidence is achieved. The police can even help in the
peaceful resolution of conflicts and complaints without necessarily resorting into court
action. Even if the conflict reaches in court, there will be a tendency of a successful
prosecution of the case.

The functions of law enforcers, particularly police officers, serve as a valuable social
function. It is a part of the criminal justice system. Respect for the law means respect for
the community in which he or she belongs. The community can offer a substantial
contribution in solving crimes. Thus, law enforcement agencies work hand in hand with the
community.

Of course, this only brings honor to their agency and media support, whether local or
international.

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