Human Rights Education

Police Station Checklist on Rights-Based Policing

(As maintained by the Human Rights Desk)
1. Number and profile of personnel with:
a. Basic and advanced training in human rights
b. Human rights modules in mandatory and special courses
c. Additional human rights seminars, workshops, and training conducted by
CHR
d. Additional human rights seminars, workshops, and training conducted by
CHR
 2. Number of custodial detention facilities/ lock-up cells inspected
a. Are there separate facilities for men, women and children?
b. Is there a regularly updated database on detainees including their
complete name, address, age, sex, nature of crime or offense, status of
case or investigation, date of inquest, release or transfer to jail, contact
details of lawyer or family, etc.
c. Are the custodial detention facilities/ lock up cells clean, safe and secure?
d. Are detainees confined in facilities that pose no threat to their health and
safety>
e. Excessive use of force (EF)
 3. Number and profile of complaints of alleged human rights violations
such as:
a. Illegal Arrest
b. Illegal Detention
c. Extra Legal Killings or Summary Execution
d. Enforced Disappearance
e. Other HR violations
4. Number and status of alleged cases of HR violations investigated or
handled by the police station.

5. Display of posters and information materials on Rights of Persons

Arrested, Detained or Under Investigation (R.A. 7438) at the police
station and other PNP offices

6. Display the posters inside the investigation room, near custodial

detention facilities, and other prominent locations inside the police
station.
 Rights of Persons Arrested, Detained or Under Custodial
Investigation; Duties of Public Officers.
(Republic Act 7438)
• (a) Any person arrested detained or under custodial investigation shall
at all times be assisted by counsel.
• (b) Any public officer or employee, or anyone acting under his order
or his place, who arrests, detains or investigates any person for the
commission of an offense shall inform the latter, in a language known
to and understood by him, of his rights to remain silent and to have
competent and independent counsel, preferably of his own choice,
who shall at all times be allowed to confer privately with the person
arrested, detained or under custodial investigation. If such person
cannot afford the services of his own counsel, he must be provided
with a competent and independent counsel by the investigating
officer.
• c) The custodial investigation report shall be reduced to writing by the
investigating officer, provided that before such report is signed, or
thumbmarked if the person arrested or detained does not know how
to read and write, it shall be read and adequately explained to him by
his counsel or by the assisting counsel provided by the investigating
officer in the language or dialect known to such arrested or detained
person, otherwise, such investigation report shall be null and void and
of no effect whatsoever.
• (d) Any extrajudicial confession made by a person arrested, detained
or under custodial investigation shall be in writing and signed by such
person in the presence of his counsel or in the latter's absence, upon
a valid waiver, and in the presence of any of the parents, elder
brothers and sisters, his spouse, the municipal mayor, the municipal
judge, district school supervisor, or priest or minister of the gospel as
chosen by him; otherwise, such extrajudicial confession shall be
inadmissible as evidence in any proceeding.
• (e) Any waiver by a person arrested or detained under the provisions of Article
125 of the Revised Penal Code, or under custodial investigation, shall be in writing
and signed by such person in the presence of his counsel; otherwise the waiver
shall be null and void and of no effect.

• (f) Any person arrested or detained or under custodial investigation shall be

allowed visits by or conferences with any member of his immediate family, or any
medical doctor or priest or religious minister chosen by him or by any member of
his immediate family or by his counsel, or by any national non-governmental
organization duly accredited by the Commission on Human Rights of by any
international non-governmental organization duly accredited by the Office of the
President. The person's "immediate family" shall include his or her spouse, fiancé
or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or
aunt, nephew or niece, and guardian or ward.
• As used in this Act, "custodial investigation" shall include the practice
of issuing an "invitation" to a person who is investigated in connection
with an offense he is suspected to have committed, without prejudice
to the liability of the "inviting" officer for any violation of law.
 7. Activation of human rights desk and designation of human rights
desk officers (HRDOs) at the police station level including:
a. Preparation of HR Desk workflow and directory of other PNP units
and govt agencies involved in HR protection
b. HR Promotion/Protection Action Plan (police station level)
c. Coordination with Bgy. HR Action Officer (BHRAO) on joint human
rights plans and activities , protective services to victims of HR
violations, and other mission-essential tasks related to HR
promotion and protection at the community level
HR Desk Basic Operational Procedures
• Receiving/ Taking Action on Complaints of Alleged HR violations:
1. Politely greet the complainant or any person that approaches the
Human Rights Desk. State your rank and full name, then ask the
complainant or person about his specific need or purpose for
approaching your desk.
2. Through initial interview, evaluate if the complaint is about an
alleged human rights violation or a typical complaint that is
supposed to be handled by other desks such as the Investigation
Desk, Women & Children’s Protection Desk (WCPD), etc.
3. Assess if the complaint is about alleged enforced disappearance (ED), extra-legal
killing (ELK), torture (TOR), illegal arrest (IA), or excessive use of force by a police
officer and/or law enforcer (EF).

4. If the complaint is related to human rights violations cited in No. 2, get a written
statement from the complainant about the incident. Get full details of the incident,
complete name and contact details of the complainant, and other pertinent
information.

5. Inform the complainant that he/she will receive an update on actions taken by
the Human Rights Desk / Police Station within three (3) days. Further, inform the
complainant that the update on actions taken may be sent via phone call, text
message, email, or as a last resort, via post mail. Also provide the complainant with
your official telephone/fax numbers, e-mail address, and other contact details.
6. Thank the complainant for reporting the incident / alleged human
rights violation. Express reassurance that the Human Rights Desk would
closely monitor the actions that will be taken by the appropriate police
units or government agencies that will handle the complaint or report
of alleged human rights violation.