CLJ-2 HUMAN RIGHTS EDUCATION
MODULE 4: Rights-Based Policing
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LESSON PROPER
RIGHTS-BASED POLICING
Compliance with international human standards in policing.
Citizens are CLAIM-HOLDERS whose rights must be respected and protected by the
police.
Police Officers are DUTY-HOLDERS with obligations to respect, protect and fulfill human
rights.
To RESPECT human rights – avoid interfering with the enjoyment of people’s rights.
To PROTECT human rights – equal protection to all persons.
To FULFILL human rights – implement systems, mechanisms, and procedures that
enable people to claim and enjoy their rights.
SUMMARY
1. ALL OF US HAVE HUMAN RIGHTS.
2. OUR POWER AND AUTHORITY IS FROM THE PEOPLE.
3. WE MUST USE THE POWER AND AUTHORITY TO SERVE AND PROTECT THE
PEOPLE.
4. TO SERVE AND PROTECT IS TO RESPECT, PROTECT AND FULFILL HUMAN
RIGHTS.
5. HUMAN RIGHTS VIOLATIONS ARE OFTEN THE RESULT OF WRONG
PERCEPTION ABOUT HUMAN RIGHTS, UNPROFESSIONAL BEHAVIOR AND
COMPETENCY GAPS.
6. TO ACCOMPLISH OUR MISSION WE MUST PRACTICE RIGHTS-BASED
POLICING.
• PROFESSIONALISM
• COMPETENCY
• HUMAN RIGHTS PRINCIPLES AND PRACTICES
Gross Human Rights Violations (HRVs):
1. Enforced Disappearances (ED) – The “disappeared” are people who have been taken
into custody by agents of the State, whose whereabouts are concealed and whose
custody is denied.
2. Extra-judicial killings (EJK) – are unlawful and deliberate killings, carried out by order
of a government or with its complicity (accomplice) or acquiescence (acceptance).
3. Torture – extreme/severe pain through physical or psychological means to elicit
information, etc.
These 3 cases are very serious crimes committed by government workers such cases
require prompt, thorough and impartial investigation officers and personnel commit HRV
because of:
• Incorrect use (wrong use) of lawful military authority or power.
CLJ-2 HUMAN RIGHTS EDUCATION
MODULE 4: Rights-Based Policing
Page 2 of 3
• Abuse of military
“All acts of violence perpetrated by the State in the name of national security or the war
on Terrorism, which violate international human rights law, are in fact, terrorist acts
themselves”
Police/military may commit HRV:
✓ Unlawful, unnecessary or disproportionate use of force, (authority and obligation).
✓ Arbitrary Arrest or Detention (contain elements of injustice, irregular, unreasonable
and disproportionate).
✓ Torture or other cruel, inhuman or degrading treatment or punishment.
✓ Enforced Disappearance.
✓ Summary Execution or Extrajudicial killing.
Common causes for popular dissatisfaction:
1. Selective enforcement of the law.
2. Rude behavior, abusive language and contempt towards HR.
3. Ignorance of the laws of HR, or deliberately disregard them in matters of arrest,
interrogation, searching and detention.
4. Differential attitudes depending on socio-cultural status, economic power and
political influences of people.
5. Violation of the law and getting away with impunity.
6. Lack of accountability in protection of life and property.
7. Insensitive towards victims of violent crimes. Sometimes behaving rudely with
victims.
8. Think HR as antithesis to effective military enforcement, blames the law, lawyer,
and courts for their own in efficiency.
9. Corruption.
10. Search as an incident to lawful.
11. Search of moving vehicles (search based on probable cause) SW is required for
the search of a dwelling house.
12. Seizure of evidence in plain view.
13. Waiver of right.
14. Armed Conflict (wartime).
15. Conduct of “Areal Target Zone” and “Saturation Drives”.
16. Checkpoints (requisites) abnormal times Limited to visual Search Vehicle not
searched Passengers not subjected to body search.
17. Stop and Frisk – Limited protective search.
18. Prevailing general chaos and disorder because of an ongoing coup.
Note on Checkpoints: vehicle is neither searched nor its occupants subjected to body
search and inspection of vehicle is limited to visual search = it is a valid search.
CLJ-2 HUMAN RIGHTS EDUCATION
MODULE 4: Rights-Based Policing
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Valid warrantless arrest:
• Caught in the act
• Investigation or personal knowledge
• Escaped detention/sentenced prisoner (Escapee)
• Waiver of invalid arrest
• Hot pursuit (continuous and no supervening event)
• Stop and frisk
The Duty to Investigate:
• Responsibility of military officials to investigate HRVs committed by public officials.
• All HRV investigations must be carried out promptly (immediate), thoroughly
(complete) and impartially (unbiased).
• The act of one military officer or personnel is capable of discrediting the AFP
organization as a whole. Military officers must be held accountable for their
individual acts, including those that are unlawful and/or arbitrary.
