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Practice Exams

Module 6.17: Human Rights in Law Enforcement

Introduction

Human Rights are the fundamental rights and freedoms that belong to every person in the world, from birth until death. For law enforcement officers, respecting human rights is not optional—it is a legal, moral, and professional obligation. Even suspected criminals retain their human rights, and police officers must balance the duty to enforce the law with the duty to protect these rights.

Sa madaling salita: Kahit criminal ang tao, may karapatan pa rin siya. Hindi pwedeng torture, hindi pwedeng summary execution, hindi pwedeng abuso. Yan ang human rights—proteksyon ng dignity ng bawat tao, kahit sino pa yan.

Key Learning Objectives:

  • Understand the concept of human rights and its importance in policing.
  • Identify the constitutional rights of persons in custody.
  • Explain international human rights standards (UN Code of Conduct, Basic Principles on Use of Force).
  • Describe human rights violations commonly committed by police.
  • Apply human rights-based approaches in police operations.

Board Exam Tip: Human rights in law enforcement is a major topic in both LEA and Sociology of Crimes & Ethics (SCE). Expect questions about constitutional rights (Miranda, search & seizure), UN standards, and scenario-based questions on use of force.

I. Foundations of Human Rights

A. What are Human Rights?

Human Rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.

Characteristics:

  1. Universal - Apply to everyone, everywhere
  2. Inalienable - Cannot be taken away (except through due process)
  3. Indivisible - All rights are equally important
  4. Interdependent - Rights are interconnected

Example: Right to life, right to liberty, right to due process, right against torture—lahat yan ay human rights. Hindi yan special privileges—rights yan ng lahat, kahit sino ka man.

B. Legal Basis in the Philippines

  1. 1987 Philippine Constitution
    • Article III (Bill of Rights) - Enumerates fundamental rights
    • Section 1: No person shall be deprived of life, liberty, or property without due process of law.
    • Section 2: Right against unreasonable searches and seizures.
    • Section 12: Rights of persons under custodial investigation (Miranda Rights).
    • Section 19: Right to speedy trial and bail.

Tip: Ang Article III (Bill of Rights) ng Constitution ay KAILANGAN mo memorize for the board exam. Lahat ng rights dyan ay pwedeng tanungin.

  1. International Instruments
    • Universal Declaration of Human Rights (UDHR, 1948)
    • International Covenant on Civil and Political Rights (ICCPR)
    • UN Code of Conduct for Law Enforcement Officials (1979)
    • UN Basic Principles on the Use of Force and Firearms (1990)

II. Constitutional Rights of Persons in Custody

A. Rights Before Arrest

  1. Right to Liberty (Art. III, Sec. 1)
    • No person shall be deprived of liberty without due process.
    • Arrest must be based on probable cause or a valid warrant.

Bawal ang arbitrary arrest. Hindi pwedeng hulihin mo ang tao dahil lang "suspicious" siya. Kailangan may legal basis—warrant o warrantless arrest scenario (in flagrante delicto, hot pursuit, escaped prisoner).

  1. Right Against Unreasonable Searches and Seizures (Art. III, Sec. 2)
    • Search and seizure must be authorized by a warrant, except in specific exceptions.

B. Rights During Arrest

  1. Right to be Informed

    • The person must be informed of the reason for the arrest.
    • "You are under arrest for robbery."

  2. Right Against Excessive Force

    • Only reasonable force may be used.
    • Excessive force = assault/physical injuries.

Pag nag-resist ang suspect, pwede kang gumamit ng force para i-subdue siya. Pero yung force mo ay dapat proportionate lang. Kung unarmed siya at tumatakbo lang, bawal mo siyang barilin.

C. Rights Under Custodial Investigation (Miranda Rights)

Art. III, Sec. 12 of the Constitution guarantees the following rights to any person under custodial investigation:

  1. Right to Remain Silent
    • "You have the right to remain silent."
    • Any statement may be used against you in court.

Custodial investigation = Pag hawak ka na ng pulis at ite-tanong ka na nila. Dito kailangan ng Miranda Rights. Pag wala, inadmissible ang confession mo.

  1. Right to Counsel
    • "You have the right to competent and independent counsel."
    • If cannot afford, the State will provide.

Karapatan mong may abogado. Pag sinabi mong "gusto ko ng lawyer," dapat titigil ang interrogation hanggang sa dumating ang lawyer mo.

  1. Right Against Self-Incrimination
    • No person shall be compelled to testify against himself.
    • Confession obtained through torture, force, or intimidation is inadmissible.

Torture para mag-confess = BAWAL. Kahit guilty ang tao, pag na-torture mo siya, inadmissible ang confession at pwede ka pang makasuhan ng torture.

Board Exam Tip: Memorize the exact wording of Miranda Rights. Questions may ask: "When must Miranda Rights be read?" Answer: At the start of custodial investigation, before any questioning.

III. International Human Rights Standards for Police

A. UN Code of Conduct for Law Enforcement Officials (1979)

Key Provisions:

Article 1: Law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.

Article 2: Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty.

Use of force = Last resort lang. Hindi pwedeng unang option mo ay violence. Dapat exhausted mo muna ang peaceful means.

Article 3: Law enforcement officials shall keep confidential matters in their possession, unless required by law or to perform their duties.

Article 5: No law enforcement official may inflict, instigate, or tolerate any act of torture or other cruel, inhuman, or degrading treatment or punishment.

Torture = Absolutely prohibited. Walang "pwede minsan" dito. Bawal talaga. Pag nag-torture ka, violation yan ng international law at criminal offense sa Pilipinas.

B. UN Basic Principles on the Use of Force and Firearms (1990)

Principles:

  1. Legality - Use of force must be lawful.
  2. Necessity - Use of force only when necessary (no other means available).
  3. Proportionality - The force used must be proportional to the threat.
  4. Accountability - Officers must be held accountable for excessive or unlawful use of force.

Specific Rules on Firearms:

  • Firearms should be used only when strictly unavoidable to protect life.
  • Officers must give a clear warning before firing (e.g., "Stop or I'll shoot!").
  • Shoot to incapacitate, not to kill (except when necessary to protect life).

Sa Pilipinas, maraming kontrobersya tungkol sa use of force—"tokhang," "nanlaban," etc. Ayon sa UN standards, dapat may warning, dapat proportionate, at dapat accountable ang pulis pag may violation.

IV. Common Human Rights Violations by Police

A. Torture and Ill-Treatment

Definition (RA 9745 - Anti-Torture Act of 2009): Torture is any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for purposes such as:

  • Obtaining information or confession
  • Punishment
  • Intimidation or coercion

Examples:

  • Physical beatings ("third-degree")
  • Electric shocks
  • Waterboarding
  • Sleep deprivation
  • Threats to family members

"Salvaging" (extrajudicial killing), "third-degree" (torture para mag-confess)—ito ay BAWAL at criminal offense under RA 9745. Pag nahuli ka, may kaso ka ng torture, at may international consequences pa.

B. Arbitrary Detention

Definition: Deprivation of liberty without legal basis or beyond the prescribed period.

Legal Period for Detention:

  • 12 hours - For crimes punishable by light penalties (e.g., slight physical injuries)
  • 18 hours - For crimes punishable by correctional penalties (e.g., theft)
  • 36 hours - For crimes punishable by afflictive or capital penalties (e.g., murder)

Art. 125, RPC: Violation = Arbitrary Detention (crime by public officer)

Pag nadetain mo ang tao ng more than 36 hours without filing charges, arbitrary detention yan. Kahit guilty ang suspect, pag lumagpas ka sa period, ikaw ang may kaso.

C. Extrajudicial Killings (EJK)

Definition: Killing of a person by agents of the State without legal process.

Characteristics:

  • Victim is killed outside the judicial process (no trial)
  • Perpetrators are state agents (police, military)
  • Often disguised as "legitimate encounter" or "nanlaban"

Ang EJK ay murder. Kahit criminal ang pinatay mo, kung walang self-defense o lawful use of force, murder yan. Sa Pilipinas, maraming kaso ng EJK, lalo na during the drug war. Internationally condemned ang practice na ito.

D. Planting of Evidence ("Laglag-Bala", "Laglag-Droga")

Definition: Placing false evidence on a suspect to justify arrest or prosecution.

Examples:

  • "Laglag-bala" - Planting bullets in luggage
  • "Laglag-droga" - Planting drugs on suspects

Violation: This is incriminating an innocent person (Art. 363, RPC) + obstruction of justice.

Planting evidence = Double crime: (1) False accusation, (2) Violation of suspect's rights. Pag nahuli kang nag-plant ng evidence, pwede kang ma-dismiss sa service at makasuhan criminally.

V. Human Rights-Based Approach to Policing (HRBA)

A. What is HRBA?

Human Rights-Based Approach (HRBA) is a framework that integrates human rights principles into all aspects of policing.

Core Principles:

  1. Respect for Dignity - Treat all persons with respect, regardless of status.
  2. Non-Discrimination - No profiling based on race, religion, economic status.
  3. Participation - Involve the community in policing (community policing).
  4. Accountability - Police must be accountable for violations.
  5. Transparency - Operations must be open to scrutiny (body cameras, reports).

HRBA = Policing na may respeto sa tao. Hindi "us vs. them" mindset. Ang pulis ay protector ng rights, hindi violator.

B. HRBA in Practice

Example 1: Arrest

  • Traditional: "Hulihin, bugbugin, pag-amin."
  • HRBA: Lawful arrest, Miranda Rights, no torture, legal detention period.

Example 2: Use of Force

  • Traditional: "Barilin na para matapos na."
  • HRBA: Warning, non-lethal force first, shoot only if necessary to protect life.

Example 3: Community Engagement

  • Traditional: "Kami ang pulis, kayo sumunod."
  • HRBA: Partnership with community, listen to concerns, transparency.

VI. Remedies for Human Rights Violations

A. Judicial Remedies

  1. Habeas Corpus (Art. III, Sec. 15)
    • A writ requiring the production of a detained person before the court.
    • Used when detention is illegal or prolonged.

Pag nadetain ka illegally, pwede kang mag-file ng Habeas Corpus. Sasabihin ng court sa pulis: "Ilabas mo ang detainee at i-explain mo bakit mo siya dindetain."

  1. Amparo (Rule on Writ of Amparo)

    • Protection for persons whose right to life, liberty, or security is violated or threatened.
    • Used in cases of enforced disappearances, EJK threats.

  2. Habeas Data

    • Right to access, correct, or delete personal data held by government.

B. Administrative Remedies

  1. File a Complaint with IAS (Internal Affairs Service)

    • For internal PNP investigations.

  2. File a Complaint with PLEB (People's Law Enforcement Board)

    • For civilian oversight.

  3. File a Complaint with CHR (Commission on Human Rights)

    • Independent body that investigates human rights violations.

C. Criminal Remedies

File criminal charges against the officer:

  • Torture (RA 9745)
  • Arbitrary Detention (Art. 124-125, RPC)
  • Physical Injuries (Art. 262-266, RPC)
  • Murder/Homicide (Art. 246-249, RPC)

Conclusion & Key Takeaways

Human rights in law enforcement is not about "coddling criminals"—it is about ensuring that the State, which has a monopoly on the use of force, does not abuse its power. Police officers are sworn to protect and serve, and that includes protecting the rights of even the worst offenders. A confession obtained through torture, an arrest without cause, a killing without justification—these are not victories for justice; they are betrayals of the oath.

Key Concepts to Remember:

  • Human Rights are Universal - Apply to everyone, including suspects
  • Miranda Rights - Must be given during custodial investigation
  • Use of Force - Lawful, necessary, proportionate
  • Torture is Prohibited - Absolutely, no exceptions (RA 9745)
  • Arbitrary Detention - Max period: 12-18-36 hours (Art. 125, RPC)
  • Remedies - Habeas Corpus, Amparo, CHR complaint, criminal charges

Final Tip para sa board exam: Pag may tanong tungkol sa human rights, laging i-emphasize ang dignity, due process, at accountability. Ang trabaho ng pulis ay mag-enforce ng batas WITHIN the bounds of the law—hindi above the law.

Board Exam Tip: Expect scenario-based questions. Example: "A suspect refuses to confess. Can the police use physical force to make him talk?" Answer: NO. That is torture and violates the right against self-incrimination.