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LESSON PROPER
HUMAN RIGHTS-BASED POLICING
WHAT IS HUMAN RIGHTS-BASED POLICING? Human Rights-Based
Policing (HRBP) is the comprehensive, systematic, and institutional
compliance with international human rights standards and practices in the
conduct of police or law enforcement functions. It is also an approach to
policing that defines the relationship between individual citizens and various
groups or sectors of society as claim holders whose rights have to be
respected and protected by the police; and the Police as duty holders that
have obligations to respect, protect and fulfill human rights. HRBP also aims
to empower claimholders to claim their rights, while strengthening the
capacities of duty-holders to meet their duties and obligations as human
rights protectors.
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.
The PNP has three levels of human rights obligations: to respect, protect and
fulfill human rights.
1. To RESPECT human rights – avoid interfering with the enjoyment of
people’s rights.
2. To PROTECT human rights – equal protection to all persons.
3. To FULFILL human rights – implement systems, mechanisms, and
procedures that enable people to claim and enjoy their rights.
Characteristics of Human Rights-Based Policing
1. Strict Observance of Police Policies and Procedures
2. Adherence to International Human Rights Standards for Law
Enforcement
3. Professional Competence and Courteous Service
4. Respect for Rule of Law and Civilian Supremacy
5. Pro-Democracy and Pro-Citizen
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):
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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.
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.
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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.
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.
