GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS

HUMAN RIGHTS
 Those rights, which are inherent in our nature and without which, we cannot live as
human beings.
 It allows us to develop and use our human qualities, intelligence, talents and conscience
and to satisfy our spiritual and other needs. Supreme, inherent and inalienable rights to
life, dignity, and self-development. The essence of these rights makes man human.

Basic Characteristics of Human Rights

1. Inherent- not granted by any person or authority.
2. Fundamental- without them, the life and dignity of man will be meaningless.
3. Inalienable- cannot be rightfully taken away from a free individual. Cannot be given away or be
forfeited.
4. Imprescriptible- cannot be lost even if a man fails to use or assert them, even by a long passage
of time.
5. Indivisible- not capable of being divided. Cannot be denied even when other rights have already
been enjoyed.
6. Universal- it applies irrespective of one’s origin, status, or condition or place where one lives.
Rights can be enforced without national border.
7. Interdependent- the fulfillment or exercise of one cannot be had without the realization of the
other.

Human Rights Principles:

The dignity of man and human life is inviolable. From the dignity of man is derived the right of
every person to free development of his personality. A legitimate state should exist to assure that in the
discharge of the discharge of the governmental functions, the dignity that is the birthright of every human
being is duly safeguarded.

Classification of Rights:
1. Natural Rights- god-given rights, acknowledged by everybody to be morally good. Unwritten,
but prevail as norms of the society.
2. Constitutional Rights- conferred and protected by the constitution and which cannot be
modified or taken away by law-making body.
3. Statutory Rights- those rights which are provided by law promulgated by the law-making body.
Mae be abolished by the body that created them.

Stages of Human Rights

1. Idealization- notions about human rights start in realm of ideas that reflect a consciousness
against oppression or inadequate performance of the state.
2. Positivization- where the support for the ideas become strong, and thus incorporate them into
legal instruments.
3. Realization- when these rights are already being enjoyed by the citizens by the transformation of
the social, economic, and political order.
 SOURCES AND FOUNDATIONS OF HUMAN RIGHTS LAW

The 1987 Constitution- the Constitution itself is a source, and not only the Bill of Rights.
 The 1987 Constitution is the basic source of human rights law in the Philippines.
 As early as Biak na Bato, our forefathers are conscious about the rights of human beings.
 A novel feature of the 1987 Constitution is the independent constitutional office of the Commission
of Human Rights, the first national human rights commission in the world.
 The CHR is not a regular commission, not like the CoA or the civil service, etc. It is an independent
commission which investigates on human rights violations and establishes programs of education
and information to enhance respect for the primacy of human rights.
 This Constitution is sometimes called as “Human Rights Constitution”
 The 1987 Constitution is the seventh Constitution drafted by Filipinos.

International Bill of Rights

 U Thant, former Secretary General of UN called three (3) documents and the Optional Protocol to
the covenant on Civil and Political Rights as “Magna Carta for Mankind” and is “the essential
prerequisite for peace at home and in the world”

Universal Declaration of Human Rights (UDHR)

 The Commission on Human Rights of the United Nations drafted the UDHR, while the United
Nations Passed it.
 The chairwoman was former first lady Eleanor Roosevelt.
 The declaration was adopted by 48 votes in favor, none against and eight abstentions.
 Carlos Romulo was also there during the drafting of the CHR of the UN.
 The Preamble to the UDHR refers to the concepts of inherent human dignity and one inalienable
nature of human right. It also called for the inter-cultural consensus by indicating that a common
understanding of the rights and freedom is to achieve promotion of universal respect for and
observance of human rights and fundamental freedoms.
 The UDHR is the first internationally adopted catalogue of human rights.
 Mary Robinson, former High Commissioner for Human Rights, said that the common language of
humanity, the language of human rights, is enshrined in the UDHR

International Covenant on Civil and Political Rights (ICCPR)

 Adopted unanimously by 106 States and entered into force in 1976.

International Covenant on Economics, Social and Cultural Rights.

CIVIL AND POLITICAL RIGHTS

Bill of Rights in 1987 Constitution
- the bill of rights is a regular fixture in all Philippines constitutions, except in Biak na Bato Constitution
of 1897.
1935 Constitution, 1973 Constitution, 1986 Freedom Constitution- Bill of Rights
1943 Constitution- Dutites and Rights of the Citizens.
1899 Malolos Constitution- The Filipino And their NAtional and Individual Rights.

Bill of Rights- an enumeration of civil and political rights that are self-executing. It also serves as a
restriction upon the powers of the state in order to preserve constitutional harmony and stability.
 Father Joaquin Bernas, SJ - the Bill of rights is to declare some forbidden zones in the private
sphere inaccessible to any power holder.
 RIGHTS OF A PERSON UNDER COSTUDIAL INVESTIGATION
Custodial rights of a person
Custodial Investigation
 is any questioning by law enforcement after a person has been taken into custody or otherwise
deprived of his freedom of action in any significant way.

Section 12, Article III of the 1987 Constitution

Section 12:
(1) Any person under investigation for the commission of an offense shall have the right to be informed of
his right to remain silent and to have competent and independent counsel preferably of his own choice. If
the person cannot afford the services of counsel, he must be provided with one. These rights cannot be
waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be
used against him. Secret detention places, solitary, incommunicado or other similar forms of detention are
prohibited.
(3) Any confession or admission obtained in violation of this act or section 17 hereof shall be admissible
in evidence.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.

What is the Miranda Doctrine?

The miranda doctrine means that prior to questioning during custodial investigation, the person
must be warned that he has the right to remain silent, that any statement he gives may be used as an
evidence against him, and that he has the right to have the presence of an attorney, either retained or
appointed.

REPUBLIC ACT NO. 7438

- an act defining certain rights of a person arrested, detained, or under custodial investigation as well as
the duties or the arresting, detaining and investigating officers and providing penalties for violation therof.

SECTION 1. statement of the policy. - it is the policy of the senate to value the dignity of every human
being and guarantee full respect for human rights.

SECTION 2. rights of a person arrested, detained or under Custodial Investigation; duties of Public
Officer. -
(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,
investigates any person for the commission of an offense shall inform the latter, in a language known to
and understand 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 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 thumb mark if the person arrested or detained does not know 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 effect of what so ever.
(d) An 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 brother or sister, his spouse, the municipal
mayor, the municipal judge, district school supervisor, or priest or minister gospel as chosen by him;
otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceedings.

(e) Any waiver by a person arrested or detained under the provisions of the 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 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 medial doctor or priest or religious minister
chosen by him or any member of immediate family or by his counsel, or by any national non
governmental organization duly accredited by the commission of 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, fiance or fiancee, parents or child, brother or sister, grandparent or
grandchild, uncle or aunt, nephew or niece, and guardian or ward.

SECTION 3. assisting counsel.- is any lawyer, except those are directly affected to the case, those charge
with conducting preliminary investigation, or those charge to the prosecution of crimes.

SECTION 4. Penalty Clause.-

(a) Any arresting public officer or employee, or any investigating officer, who fails to inform any person
arrested, detained or under custodial investigation of his rights to remain silent to have competent and
independent counsel preferably of his own choice, shall suffer a fine of 6,000 pesos or any penalty of
imprisonment of not less than 8 years but not more than 10 years, nor both. The penalty of perpetual
disqualification shall be also impose upon the investigating officer who has been previously convicted of
the similar offense.

The same penalties shall be imposed upon a public officer or employee, or anyone acting upon
orders of such investigating officer or in his place, who fails to provide a competent and independent
counsel to a person arrested, detained or under custodial investigation for the commission of an offense if
the latter cannot afford the services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a
person arrested, detained or under custodial investigation, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, from visiting and
conferring privately with him, or from examining and treating him, or from ministering to his spiritual
needs, at any hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of
not less then 4 years nor more than 6 years, and a fine of 4,000 pesos.

The United Nations Standard Minimum Rules for the Treatment of Prisoners
(The Nelson Mandela Rules)
Who is Nelson Mandela?
- a political figure whose advocacy is about Human Rights.
- a former president of South Africa
- he was imprisoned because of his political critics, he experienced the prison life and put it into writing.
- because of his experience the mandela rule was established.

RULE 1. All prisoners shall be treated with the respect due to their inherent dignity and value as human
beings. No prisoner shall be subjected to, and all prisoner shall be protected from, torture and other cruel,
inhuman or degrading treatment or punishment, for which no circumstances what so ever maybe invoked
as a justification. The safety and security of prisoner, staff, service providers and visitors shall be insured
at all times.

RULE 2. The present rule shall be applied impartially. There shall be no discrimination on the grounds of
race, color, sex, language, religion, political or other opinion,national, social origin, property birth or any
other status. The religious beliefs and other moral precepts of prisoners shall be respected.

RULE 3. Imprisonment and other measures that result in cutting of persons from the outside world are
afflictive by the very fact of taking from these persons the right of self-determination by depriving then of
their liberty.

RULE 4. The purposes of a sentence of imprisonment are similar measures derivative of a persons liberty
a primarily to protect society against crime and to reduce recidivism. Thus purposes can be achieve only
if the period of imprisonment is used to ensure, so far as possible, the reintegration of such persons into
society upon the release so that they can lead a law-abiding and self supporting life.

RULE 5. The prison regime should seek the minimize of any differences between prison life and life at
liberty the tend to lessen the responsibility of the prisoners or the respect due to their dignity as human
beings.

Separation of Categories

RULE 11. The different categories of prisoners shall be kept in separation institutions or parts of
institutions, taking account of their sex, age, criminal record, the legal reason for their detention and the
necessities of their treatment.

Accommodation

RULE 12. Where sleeping accommodation is in individual cells or rooms, each prisoner shall occupy by
night a cell or room by himself of herself. If for special reasons, such as temporary over crowding it
becomes necessary for the central prison administration to make an exemption to this rule, it is not
desirable to have 2 prisoners in a cell or room.

RULE 13. All accommodation provided for the use of prisoners and in particular all sleeping
accommodation shall meet all requirements of health due regard being paid to climatic conditions and
particularly the cubic content of air, minimum floor space, lighting, heating and ventilation.

RULE 14. In all places where prisoners are required to live or work:
A. The windows shall be large enough to enable the prisoners to read or work by natural light and shall be
so constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation.
B. The artificial light shall be provided sufficient for the prisoners to read or work without injury to
eyesight.

RULE 15. The sanitary installations shall be adequate to enable every prisoner to comply with the needs
of nature when necessary and in a clean and decent manner.

RULW 16. Adequate bathing and shower installations shall be provided so that every prisoner can, and
may be required to, have a bath or shower, at a temperature suitable to the climate, as frequently as
necessary for general hygiene according to season and geographical region, but at lease once a week in a
temperature climate.
RULE 17. All parts of a prison regularly use by prisoner shall be properly maintained and kept
scrupulously clean at all times.

Personal Hygiene
RULE 18. Prisoner shall be required to keep their persons clean and to this end, they shall be provided
with water and with such toilet articles as are necessary for health and cleanliness.

Clothing and Bedding

RULE 19. Every prisoner who is not allowed to wear his or her own clothing shall be provided with an
outfit of clothing suitable for the climate and adequate to keep him or her in good health. Such clothing
shall in no manner be degrading or humiliating.

RULE 20. if prisoner are allowed to wear their own clothing, arrangements shall be made on their
admission to the prison to ensure that it shall be clean and fit to use.

RULE 21.Every prisoner shall, in accordance with local or national standards be provided with a separate
bed and with separate and sufficient bedding which shall be clean when issued, kept in good order and
change often to ensure its cleanliness.

Food
RULE 22.
1. Every prisoner shall be provided by the prison administration at the usual hours with food of nutritional
value adequate for health and strength, of wholesome quality and well prepared and serve.
2. Dringking water shall be available to every prisoner when ever he or she needs it.

Exercise and Sports

RULE 23.
1. Every prisoner who is not employed in out door work shall have at least one hour of suitable exercise
in the open air daily if the weather permits.
2. Young prisoners, and others at suitable age and physique shall receive physical and recreational
training during the period of exercise. To this end, installations and equipment shall be provided.

Health care Services

RULE 24. The provision of health care of a prisoner is a state responsibility. Prisoners should enjoy the
same standards of health care that are available in the community, and should have access to necessary
health-care services free of charge without discrimination on the grounds of their legal status.
DEFINITION AND TYPES OF HUMAN RIGHTS VIOLATIONS
A state commits human rights violations either direct or indirectly.

Violations can either be intentionally performed by the state and or come as a result of the state
failing to prevent the violation. When a state engages in human rights violations, various actors can be
involved such as police, judges, prosecutors, government officials and more. The violation can be
physically violent in nature, such as police brutality, while rights such as right to fair trial can also be
violated, where no physical violence is involved.

The second type of violation - failure by the state to protect - occurs where there’s a conflict
between individuals or groups within a society. It the state does nothing to intervene and protect
vulnerable people and groups, it’s participating in the violations.
Example: in the united states, the state failed to protect black americans when lynchings
frequently occurred around the country.

Example of Human Rights Violations

Civil and Political Rights

Civil and Political Rights are violated through genocide, torture, and arbitrary arrest. These
violations often happen during times of war, when a human rights violation intersects with the breaking of
laws about armed conflict, it’s known as a war crime.
Conflict can also trigger violations of the right to freedom of expression and the right of peace
assembly. States are usually responsible for the violations as they attempt to maintain control and push
down rebellious societal forces. Suppressing political rights is a common tactic for many governments
during times of civil unrest.
Violations of civil and political human rights aren’t always linked to specific conflicts and can
occur at any given time. Human trafficking is currently one of the largest issues on a global scale as
millions of men, women, and children are forced into labor and sexual exploitation. Religious
discrimination is also very common in many places around the world. These violations often occur
because the state is failing to protect vulnerable groups.

Economical, Social, and Cultural Rights

As described in the UDHR, economic, social, and cultural rights include the right to work, the
right to education, and the right to physical and mental health. As is the case with all human rights,
economic, social, and cultural rights can be violated by states and other actors. The united nation office of
the high commissioner for human rights gives a handful of examples of how this rights can be violated.
They include:
Contaminating water for example, with waste from state owned facilities (the right to health)
Evicting people by force from their homes (the right to adequate housing)
Denying services and information about health (the right to health)
Discriminating at work base on traits like race, gender, and sexual orientation (the right to work)
Failing to provide maternity leave (protection of an assistance to the family)
Not paying a sufficient minimum wage (rights at work )
Segregating students based on disabilities (the right to education)
Forbidding the use of minority indigenous languages (the right to participate in cultural right)

Who is ultimately responsible for ensuring human rights violations don’t happen?
In human rights treaties, states bear the primary burden of responsibility for protecting and
encouraging human rights. When a government ratifies a treaty, they have a three-fold obligation. They
must respect, protect and fulfill human rights. When violations occur, it’s government’s job to intervene
and prosecute those responsible. The government must hold everyone (and itself) accountable.
 This doesn’t mean that member of civil society don’t also have a responsibility to prevent the
human rights violations. Businesses and institutions must comply with discrimination laws and promote
equality, while every individual should respect the rights of others. When governments are violating
human rights either directly or indirectly, civil society should hold them accountable and speak out. The
international community also has an obligation to monitor governments and their tract records with
human rights. Violations occur all the time, but they should always be called out.

PUNISHMENT
Is the infliction of some kind of pain or loss upon a person for a misdeed. Punishment may take
forms ranging form capital punishment, flogging, forced labor, and mutilation of the body to
imprisonment and fines. Deferred punishments consists of penalties that are imposed only if an offense is
repeated within a specified time.
In some premodern societies, punishment was largely vindictive or retributive, and its prosecution
was left to the individuals wronged. In quantity and quality such punishment bore no special relation to
the character or gravity of the offense.

The Purpose of Punishment

Punishment has five recognized purposes:
1. Deterrence
2. Incapacitation
3. Rehabilitation
4. Retribution
5. Restitution

 Specific and General Deterrence

- deterrence prevents future crime by frightening the defendant or the public. The two types of deterrence
are specific and general deterrence.
Specific deterrence applies to an individual defendant. When the government punishes an individual
defendant, he or she is theoretically less likely to commit other because of fear of another similar or worse
punishment.
General deterrence applies to the public at large. When the public learns of an individual defendant’s
punishment, the public is theoretically less like to commit a crime because of fear of the punishment the
defendant experienced. When the public learns, for example, that an individual defendant was severely
punished by a sentence of life in prison or a death penalty, this knowledge can inspire a deep fear or
criminal prosecution.

Incapacitation
Incapacitation prevents future crime by removing the defendant from society. Examples of
incapacitation are incarceration, house arrest, or execution pursuant to the death penalty.

Rehabilitation
Rehabilitation prevents future crime by altering a defendant’s behavior. Examples of
rehabilitation include educational and vocational programs, treatment center placement and counseling.
The court can combine rehabilitation with incarceration or with probation or parole. In some
states, for example, non violent drug offenders must participate in rehabilitation in combination with
probation, rather than submitting to incarceration. This lightens the load of jails and prison while lowering
recidivism, which means re offending.
Retribution
Retribution prevents future crime by removing the desire of personal avengement (in the form of
assault, battery, and criminal homicide, for example) against the defendant. When victims or society
discover that the defendant has been adequately punished for a crime, they achieve a certain satisfaction
that our criminal procedure is working effectively, which enhances faith in law enforcement and our
government.

Restitution
Restitution prevents future crime by punishing the defendant financially. Restitution is when the
court orders the criminal defendant to pay the victim for any harm and resembles a civil litigation
damages award. Restitution can be physical injuries, loss of property or money, and rarely, emotional
distress. It can be also a fine that covers some of the costs of the criminal prosecution and punishment.

Punishments and their purposes

 Deterrence and Retribution (all punishment)
 Restitution ( fines)
 Rehabilitation (mandatory counseling, treatment center placement)
 Incapacitation (incarceration, death penalty, house arrest)

 Specific deterrence prevents crime by frightening an individuals with punishment. General

deterrence prevents crime by frightening the public with the punishment of an individual defendant.
 Incapacitation prevents crime by removing a defendant from society
 Rehabilitation prevents crime by altering a defendants behavior
 Retribution prevents crime by giving victims or society a feeling of avengement
 Restitution prevents crime by punishing the defendant financially.

Basic Principles for the Treatment of Prisoners

adopted and proclaimed by General Assembly Resolution 45/111 of 14 December 1990
1. all prisoners shall be treated with the respect due to their inherent dignity and value as a human beings.
2. There shall be no discrimination on the grounds or race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.
3. It is, however, desirable to respect the religious beliefs and cultural precepts of the group to which
prisoners belong whenever local conditions require.
4. The responsibility of prisons for the custody of prisoners and for the protection of society against crime
shall be discharged in keeping with a state’s other social objectives and its fundamental responsibilities
for promoting the well-being and development of all members of society.
5. Except for those limitations that are demonstrably necessitated by the fact of incarceration, all prisoners
shall retain the human rights and fundamental freedoms set out in the universal declaration of human
rights, and where the state concerned is a party, the international covenant on economic, social and
cultural rights, and the international covenant on civil and political rights and the optional protocol
thereto, as well as such other rights as are set out in the united nations covenants.
6. All prisoners shall have the right to take part in cultural activities and education aimed at the full
developments of a human personality.
7. Efforts addressed to the abolition of solitary confinement as a punishment, or to the restriction ot its
use, should be undertaken and encouraged.
8. Conditions shall be created enabling prisoners to undertake meaningful remunerated employment
which will facilitate their reintegrated into the country’s labor market and permit them to contribute to
their own financial support and to that of their families.
9. Prisoners shall have access to the health services available in the country without discrimination on the
grounds of their legal situation.
10. With the participation and help of the community and social institutions, and with due regard to the
interests of victims, favorable conditions shall be created for the reintegration of the ex-prisoner into
society under the best possible conditions.
11. The above principles shall be applied impartially.

GOVERNMENTAL PROGRAMS FOR THE VICTIMS

The Philippines takes pride in its unique in indigenous way of setting disputes and treating both
offender and victims at the village (barangay) level. The system is called “katarungang Pambarangay”
village justice system. When a complaint is reported or an unresolved conflict or dispute from the
barangay level is elevated to the jurisdiction of the police, the victim is viewed as a complainant if a
criminal charge progresses up to the court, the victim continues to act in the role of prosecution witness in
the case against the offender.
Under the rules of court, the victim may seek restitution for damages from the crime by filing a
civil suit against the offender. A victim or witness who believes him or herself to be in a danger from an
offender can apply for admission to the witness protection, security, and benefit program of the
department for justice. A board of claims was created in 1992 under the department of justice to grant
compensation for victims of unjust imprisonment or detention and victims of violent crime. The law
specifies that administrative procedure for filing the victims claim through the Board of Claims. The
commission on Human Rights exist under a constitutional mandate to act as an independent office to
protect and promote human rights. The commission provides financial assistance to victims of human
rights violation or their families, so as to help enacted laws that protects the rights and address the needs
of certain categories of victims, notably children, woman and migrant Filipinos.

1. Witness Protection, security and Benefits Program.

it is a program establish under Republic Act 6981, the “witness Protection, Security and Benefit
Act”, which seeks to encourage a person who has witnessed or has knowledege of the commission or a
crime to testify before a court or quasi-judicial body, or before an investigating autourity, by protecting
him from reprisals and from economic dislocation.

Who can be admitted into the program?

 Any person who has knowledge of or information on the commission of a crime and has testified or
is testifying or is willing to testify.
 A witness in a congressional investigation, upon the recommendation of the legislative committees
where his testimony is needed and with the approval of the senate president or the speaker of the
house of representatives, as the case maybe.
 A witness to participated in the commission of a crime and who desires to be a senate witness
 An accused who is discharge from an information or a criminal complaint by the court in order that
he maybe a state witness.

Who are disqualified for admission into the program?

An applicant will not be admitted into the program if:
 The offense in which his testimony will be use is not a grave felony
 His testimony cannot be substantially corroborated in its material points.
 He or any member of his family within the second degree of consanguinity or affinity has not been
threatened with death or bodily injury or there is no likely hood that he will be killed, forced,
intimidated, harassed, or corrupted to prevent him from testifying or to testify falsely or evasively
because or on account of his testimony and
 If the applicant is a law enforcement officer even if he will testify against other law enforcement
officer. The immediate members of the applicant may or how ever be admitted to the program.
What benefits may a witness under the program receive?
The benefits include the following:
1. Security Protection and escort services.
2. Immunity from prosecution and not to be subjected to any penalty or forfeiture for any transaction,
matter, or thing concerning his compelled testimony or books, documents or writing produced.
3. Secure housing facility.
4. Assistance in obtaining a means of livelihood.
5. Reasonable travelling expenses and subsistence allowance while acting a witness.
6. Free medical treatment, hospitalization and medicine for any injury or illness incured or suffered
while acting a witness.
7. Burial benefits of not less not 10,000 pesos if the witness is killed because of his participation to this
program
8. Free education from primary to college level for the minor or dependent children of a witness could
dies or is permanently incapacitated.
9. Non removal or demotion in work because of absences due to his being a witness and payment of
full salary or wage while acting as witness.