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Practice Exams

Module 9.12: Human Rights in Law Enforcement & Use of Force

I. Human Rights and Policing

Human Rights are the basic rights and freedoms to which all humans are entitled, regardless of their nationality, race, religion, sex, or social status. In the Philippines, these rights are enshrined in Article III of the 1987 Constitution, known as the Bill of Rights.

For law enforcement, the Bill of Rights is not just a legal document; it is a set of limitations on their power. Key rights that directly relate to police work include:

  • Section 1: The right to life, liberty, and property, and the right to due process of law.
  • Section 2: The right against unreasonable searches and seizures.
  • Section 3: The right to privacy of communication and correspondence.
  • Section 12: The rights of a person under custodial investigation (the "Miranda Rights").
  • Section 14: The rights of the accused during a trial, including the right to be presumed innocent.

A professional police officer must see themselves as a human rights protector. Every action they take must be grounded in respect for these fundamental rights.

III. The Concept of the "Reasonable Officer"

When a use of force incident is reviewed, the central legal question is: "Was the officer's action objectively reasonable at that moment?"

  • The Standard: The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.
  • Factors to Consider: The court must consider the facts and circumstances of the particular case, including:
    • The severity of the crime at issue.
    • Whether the suspect poses an immediate threat to the safety of the officers or others.
    • Whether the suspect is actively resisting arrest or attempting to evade arrest by flight.
  • Tense, Uncertain, and Rapidly Evolving: The law recognizes that police officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving.

Conclusion

The relationship between human rights and law enforcement is the defining feature of a democratic police service. Police officers are the guardians of the rights of all citizens, and their adherence to the rule of law is what separates them from the criminals they pursue. The use of force, in particular, must be guided by a strict ethical and legal framework. The principles of necessity and proportionality, as embodied in the use of force continuum, demand that officers use the minimum force necessary and that lethal force is employed only as a last resort to protect life. By internalizing these principles, police officers can effectively enforce the law while remaining true to their highest calling: to be protectors of the people and their rights.

Introduction

A democratic society is defined by its commitment to protecting the fundamental Human Rights of its citizens. Police officers, as agents of the state, have a dual role: they are the primary protectors of these rights, but they also have the potential to be their primary violators. Therefore, a deep understanding of and respect for human rights is an indispensable part of professional policing. This module will cover the basic concepts of human rights and delve into one of the most critical and scrutinized areas of policing: the principles governing the Use of Force.

Key Learning Objectives:

  • Define Human Rights and understand their importance in a democracy.
  • Identify the key constitutional rights that limit police power.
  • Explain the principles of the PNP's Use of Force Continuum.
  • Differentiate between lethal and less-lethal force.
  • Understand the concepts of necessity, proportionality, and accountability in the use of force.

II. The Use of Force: A Critical Responsibility

The authority to use force is perhaps the most significant power granted to a police officer. The decision to use force, especially lethal force, is the most serious judgment an officer will ever make. The principles governing the use of force are designed to ensure that this power is used legally, ethically, and only as a last resort.

A. The PNP's Use of Force Policy

The Philippine National Police follows a "force continuum" model, which illustrates the escalating levels of force that an officer can use in response to a subject's level of resistance. The core principle is that an officer should use only the minimum amount of force necessary to achieve a legitimate police objective.

The PNP Use of Force Continuum:

  1. Officer Presence: The mere presence of a uniformed police officer is often enough to deter crime and gain compliance. This is the foundation of the continuum.
  2. Verbalization: In most situations, the officer should start with verbal commands, such as "Stop!" or "Don't move!". Clear, firm, and authoritative commands can de-escalate a situation without any physical force.
  3. Soft Hands / Restraint: If verbal commands are ignored, the officer may use physical restraint techniques with a low probability of causing injury. This includes using empty-hand control techniques, applying handcuffs, and guiding the subject.
  4. Hard Hands / Less-Lethal Options: If a subject is actively resisting or assaulting the officer, a higher level of force may be justified.
    • Less-Lethal Weapons: These are weapons and techniques designed to incapacitate a subject without causing death or serious permanent injury. Examples include:
      • Baton (Baston): For striking, blocking, or as a control tool.
      • Pepper Spray (Oleoresin Capsicum - OC): An inflammatory agent that causes temporary blindness, pain, and difficulty breathing.
      • Taser/Stun Gun: A device that delivers an electrical charge to temporarily disrupt muscle control.
  5. Lethal Force (Deadly Force): This is the highest level of the continuum.
    • Definition: Lethal force is any force that has a high probability of causing death or serious bodily injury. The primary example is the use of a firearm.
    • When is it Justified? An officer is only justified in using lethal force when they have a reasonable belief that it is necessary to protect their own life or the life of another person from an imminent threat of death or serious physical injury.
    • It is never justified to shoot a fleeing suspect who poses no immediate threat, or to fire "warning shots."

B. Core Principles Governing the Use of Force

  1. Necessity: Force should only be used when it is absolutely necessary to accomplish a legitimate police purpose (e.g., to make a lawful arrest, in self-defense, or in defense of others). If a situation can be resolved peacefully, force should not be used.
  2. Proportionality: The level of force used must be proportional to the level of threat or resistance faced by the officer. An officer cannot use lethal force against a subject who is only passively resisting.
  3. Accountability: Police officers are accountable for every use of force. Every time force is used, especially lethal force, it must be documented, reported, and reviewed by the officer's superiors to ensure it was justified and within policy.

IV. Human Rights and Counter-Terrorism

In the context of counter-terrorism, the state's responsibility to protect its citizens from harm must be balanced with its duty to uphold human rights. Laws like RA 11479 (The Anti-Terrorism Act of 2020) grant the state significant powers to surveil, detain, and prosecute suspected terrorists. However, these laws also contain provisions designed to safeguard against abuse and protect the rights of the accused. The challenge for law enforcement is to use these powers effectively to prevent terrorism while ensuring that the fundamental rights guaranteed by the Constitution are not violated.