PNP HUMAN RIGHTS AFFAIRS OFFICE
HUMAN RIGHTS-BASED POLICING PROGRAMS
(January to December 2016)
The PNP Human Rights Development Program was launched in 2007 to address various human rights issues and concerns faced by the police organization. The program has four components, namely: Institutional and Policy Development, Capability Building, Prevention and Control of Human Rights Violations, and Multi-Sector Cooperation.
- Institutional Policy Development – To review and formulate police operational policies attuned to the evolving issues of human rights protection.
- Capability Building - To develop the capacity of police officers on human rights consciousness and their adoption to embracing in their career the HR philosophy and principles—not just a recipient of change, but a prime-mover for human resource development on human rights.
- Prevention of Human Rights Violations – To reduce the incidence of human rights violations by establishing a system of integrity recognition to deserving members of the PNP who have exemplified themselves to the cause of human rights and to institute legal measures to address violations committed by State actors and non-State actors.
- Multi-Sectoral Cooperation – To enhance stronger cooperation between the PNP and relevant partners from the government, NGOs, and other sectoral groups, as well as international bodies, in pursuit of the promotion, protection and fulfillment of human rights principles in the country.
2. SIGNIFICANT ACCOMPLISHMENTS
This report contains the accomplishments of the PNP in the promotion of human rights through the Human Rights Affairs Office, covering January to December 2016.
A. Institutional Policy Development
- Signing of Memorandum of Understanding (MOU) between the PNP and Hanns Seidel Foundation of Germany (HSF) on the joint projects for the promotion of Human Rights in the PNP for 2016.
The MOU, which was finally signed on March 22, 2016 at the PNP National Headquarters, Camp Crame Quezon City, was drawn into surface to increase the level of awareness of the top police officers in human rights-based policing through the holding of training of police trainers on human rights, workshop-forum for PNP Human Rights Desk Officers to upgrade their capabilities to serve as the frontline human rights protection mechanism and for them to adhere to the recognized ethics, standards and rules of professional responsibility.
- Formulation of Human Rights Policies and Advisories. As part of our program thrust to fully institutionalize the respect for human rights as a way of life in the PNP, this Office has come up with various Human Rights Advisories to be translated into pocket cards that will serve as a guide to all PNP personnel in their underlying duty to uphold human rights and the rule of law, at all times. It will also help improve the safety awareness through community-oriented and human rights-based policing of the PNP. HR Policies and Advisories which are undergoing review and approval by the higher authorities include the following:
- Human Rights Advisory for Officers Implementing Warrant of Arrest;
- Human Rights Advisory for PNP Personnel Conducting Civil Disturbance Management;
- Human Rights Advisory for Police Officers Implementing Search Warrant;
- Human Rights Advisory for PNP Personnel Manning Custodial/Detention Facilities;
- Human rights Advisory for Police Officers Conducting Custodial Investigation;
- Human Rights Advisory for PNP Personnel Conducting Checkpoints;
- Human Rights Desk Basic Procedure in Receiving Complaint;
- Human Rights Advisory on PNP Deployment to Polling Precincts & Performance of other Election-Related Duties;
- Human Rights Advisory in dealing with Muslims;
- Reiteration on the Strict Observance of Human Rights-Based Policing & Police Operational Procedures during the Conduct of PNP Anti-Illegal Drugs Campaign;
- Policy on the Prohibition of unauthorized release of information to the public/media pertaining to AO 35 cases;
- Policy on the Reporting of Human Rights Violation thru Text, Spot Report and Monthly Report to HRAO;
- Policy on the Coordination with All Government Agencies in the conduct of Human Rights and IHL Dialogues, meetings, and similar activities;
- Policy on the Coordination with CSOs/NGO in the Conduct of HR and IHL Trainings; and
- Policy on the Strict Adherence to the Prohibition on the Blind-Folding of Suspects under Police Custody and Non-Presentation of Suspect/s to the Media
- Distribution of Human Rights Advisories during SONA 2016.This Office distributed 20,000 copies of the Human Rights Advisories on CDM, Arrest, Custodial Investigation and Checkpoint to PNP personnel who were deployed for field duty in connection with the State of the Nation Address (SONA) of HIS EXCELLENCY PRESIDENT RODRIGO R DUTERTE on July 26, 2016 at the commencement of the 17th Congress.
- Distribution of Human Rights Advisories for the May 2016 Elections. On the other hand, 25 copies of Human Rights Advisories on PNP Deployment to Polling Precincts & Performance of other Election-Related Duties; PNP Personnel on Crowd Control/CDM Operations; and PNP Personnel Conducting Checkpoints to concerned Directorates/Offices in the National Headquarters which were reproduced and distributed to PNP Personnel deployed for the May 2016 Elections.
- Miranda Warning and Anti-Torture Act Reminders Pocket Cards to be translated in Four Foreign Languages (Chinese, Japanese, Korean, and Taiwanese Language) in coordination with the Embassies of concerned countries and Filipino Dialects in coordination with the “Komisyon sa Wikang Filipino”. The updating of the contents of the official PNP Miranda Warning Card with Anti-Torture Reminders aims to equip PNP personnel with the right information and/or materials with which to inform citizens or persons placed under police custody of their rights under the law. The substantial impact of these cards serve as reminders to PNP personnel to strictly adhere to human rights standards and police operational procedures by informing the accused or persons arrested of their rights upon or during arrest.
- A formal turn-over of 5,000 copies of the new Miranda Warning Pocket Cards with Anti-Torture Reminders (translated in 10 Major Filipino Dialects) was held on October 26, 2016 at the Office of the Chief, PNP, Camp Crame, Quezon City. The said pocket cards were turned-over by the International Committee of the Red Cross Philippines, represented by Mr. Wolde Gabriel Saugeron, Deputy Head Delegation, ICRC and Atty Monalisa L Barro, Legal Officer, ICRC to the PNP as represented by PDG RONALD "BATO" M. DELA ROSA, Chief, PNP and Police Chief Superintendent DENNIS A SIERVO, Chief, HRAO.
- On the other hand, the Hanns Seidel Foundation of Germany supported the printing of 16,000 copies of the said PNP Miranda Warning Pocket Cards with Anti-Torture Reminders (translated in 10 Major Filipino) which will be distributed to PNP personnel in the 18 Police Regional Offices.
- Printing of the revised poster on “Rights of Persons under Custodial Investigation” for dissemination to PNP police stations.
- The Hanns Seidel Foundation of Germany supported the printing of 3,000 copies of RevisedPoster on the Rights of Persons under Custodial Investigation” for dissemination to PNP police stations which had the purpose of emphasizing the state obligation to respect, protect, and fulfill human rights; and to help inform and educate the public about the rights of persons arrested, detained, or under custodial investigation including their right to be free from any form of torture and ill-treatment.
B. Capability Building
- Conducted series of PNP-ICRC Workshop/Training on HR and IHL. The PNP through the Human Rights Affairs Office, with the support of the International Committee of the Red Cross (ICRC), conducted the series of training/workshop dubbed as “PNP-ICRC Workshop/Training on Human Rights and International Humanitarian Law”.
The workshop/training had the objectives to: a) Enhance the understanding of PNP officers on IHL and provide opportunity to discuss IHL issues relevant to the PNP SAF, RPSB, PPSC and CPSC; b) Increase the awareness about the mandate and activities of the ICRC and the Red Cross and Red Crescent Movement; c) Increase the networking of the ICRC and understanding of the situation in the areas of operational importance to the ICRC; and d) Raise awareness of international policing standards as relevant to the work of ICRC.
- Series of Police Human Rights Officers Cluster Training of Trainers (PHRO TOTs). The series of PHRO TOTs have the objective to enhance the knowledge of the Police Human Rights Officers (PHROs) for them to have a deeper understanding on the practical applications of Human Rights and International Humanitarian Law.
- From January to November 2016, a total of three Police Human Rights Officers Cluster Training of Trainers (PHRO TOTs) were conducted with a total of 90 Police Human Rights Officer-Participants:
- Series of Human Rights Refresher Training for Investigators and Custodial Officers. The series of Human Rights Refresher Training for Investigators and Custodial Officers had the objective to reorient our police investigators and custodial officers of the fundamentals of human rights, investigative procedures based on Philippine Laws and our Police Operational Procedures.
- From January to November 2016, a total of nineteen (19) Human Rights Refresher Training for Investigators and Custodial Officers were conducted with a total of 949 PNP Participants:
- Series of Human Rights Seminars for Patrollers. The series of Human Rights Seminars for Patrollers had the objectives to enhance and increase awareness on the application of relevant national and international human rights law, principles, and standards among Police Intervention Officers who deal with drug suspects for them to avoid committing human rights violations and improve professional competencies.
- A total of five (5) Human Rights Seminars for Patrollers were conducted with a total of 417 PNP Participants:
- Conducted Top Level Forum & Workshop on International Law Enforcement Standards for Senior Police Officers in partnership with the International Committee of the Red Cross held from March 1 to 3, 2016 at the Portofino & Cannes Function Room, Movenpick Hotel & Resort, Punta Engaño Rd, Mactan, Cebu, Philippines which was attended by 25 senior police officers from the different PNP Directorates/Offices and Police Regional Offices. The Forum had the following objectives:
- Provide a venue for discussing actionable issues and policy recommendations on the study entitled “Special Report: A Closer Look on the Human Rights Violations (HRVs) of PNP personnel” conducted by HRAO in light of the instructions of the C, PNP to C, HRAO to conduct a study and assessment on the alleged human rights violations by PNP personnel;
- Assess, evaluate, and come up with holistic solutions that must be adopted to address;
- Mainstream human rights-based approaches in policing; and
- Deepen the understanding of police officers on human rights and International Humanitarian Law to attain higher professional standards and be made as a way of life in law enforcement.
- First HRAO-Police Human Rights Officers Family Conference. The Human Rights Officers’ Family Conference conducted by HRAO in partnership with the Hanns Seidel Foundation of Germany was successfully held from November 14 to 15, 2016 at Eurotel North EDSA, 49 Bulacan St., Brgy. Bungad, Quezon City which was attended by the 18 Regional Police Human Rights Officers (PHROs) and 19 HRAO personnel.
The Family Conference had the objective to discuss the present challenges and opportunities in relation to the PNP Human Rights Development Program as reflected in the HRAO scorecard; gather inputs/recommendations of PHROs on how to enhance the effectiveness of regional planning and implementation of human rights-related programs/projects; share information and best practices on human rights-based policing; provide guidelines on how to implement human rights-based policing initiatives that complement or support Oplan Tokhang/Project Double Barrel; and consolidate human rights-related data for validation purposes.
C. Human Rights Promotion
- Inspection of Custodial Facilities. This is a regular activity of the 18 PROs and HSS to ensure that persons under custody are treated in a humane and dignified manner and to uphold their individual rights pursuant to human rights standards and existing laws. The inspection is also being conducted to monitor observance of established procedures and guidelines in detention management and to improve the living conditions of detainees.
From January to November 2016, a total of 2,881 Police Stations submitted inspection reports. A total of 1,611 custodial facilities inspections were conducted, with a total of 6,728 persons under custody (5,935 males and 793 females) monitored.
- Findings of the Inspections
- Congested male custodial facility
- Unsanitary conditions of custodial facilities
- LGBT (Gay) under custody inside male cell
- Poor custodial facilities conditions (lack of sanitation, medicine, ventilation, beds, beddings, clothing, & inadequate space)
- No regular medical examination of person under custody
- Failure to provide basic necessities such as food, water, and other basic needs that must be met during their custody
- Insufficient MOOE of Police Stations and other offices handling persons under custodial investigation
- Lack of training in the proper handling of persons under custody
- Spread of contagious diseases
- No clear, specific and uniform policy providing for the system of accounting persons under custody
- Overcrowded Custodial Facilities (as of November 30, 2016)
- Numerous arrests due to implementation of Lambat Sibat (buy-bust operations, saturation drive, checkpoint, etc);
- Slow or delayed issuance of commitment order;
- Slow disposition of cases or protracted trials;
- Inadequate space of custodial facilities;
- Inability to post bail by the detainees, often due to excessive amount of bail; and
- Lack of funds for the transfer of arrested suspects to the issuing court located outside their jurisdiction
- Representation and collaboration with Supreme Court Administration re:
- Immediate issuance of commitment order;
- Speedy disposition of cases; and
- Utilization of release & recognizance for petty offenses
- Redeployment of police investigators to assist in the immediate filling of cases resulting from one time-big time police operations
- Expand or build new custodial facilities
- Allocate funds for the transfer of persons under custody
- Conduct of training on proper handling of persons under custody
- Adopt UN standards for custodial facilities
- Segregation and confinement in appropriate hospital or medical facility of infected persons under custody
- Encourage LGUs & DILG to fulfill their commitment in ensuring respect for human rights by fast tracking the donation of lots and release of counterpart funds for the construction of custodial facilities
- Proactive partnership with LGUs & other pillars of the criminal justice system towards the decongestion of PNP custodial facilities by immediately transferring of persons under custody to BJMP detention facilities
- Formulation of uniform policy providing for the system of accounting of persons under custody
- Maintenance of official list of persons under custody
- Human Rights Violation Cases Monitored
CLASSIFICATION OF ALLEGED HUMAN RIGHTS VIOLATION CASES AGAINST PNP PERSONNEL
JANUARY TO OCTOBER 2016
(Source: DLOD DATA)
D. Multi-Sectoral Partnership and Cooperation
- 1st National Summit on Torture Prevention. The 1st National Summit was successfully conducted by the Commission on Human Rights (CHR) in partnership with the PNP, Asia Pacific Forum (APF) and Association for the Prevention of Torture (APT) on February 4, 2016 at Hotel Rembrandt, Quezon City. The Summit was attended by TDCO who represented the CPNP; TDC; Ex-O, DC; DD, DL; C, CMD, DIDM; C, RDD, DICTM; C, GDD, DHRDD; TDPL; RD, NCRPO and 5 DDs of NCRPO; the undersigned, and HRAO personnel. Other participants included HON. LEOPOLDO N BATAOIL, Representative of the 2nd District of Pangasinan; Chairperson and Commissioners of the CHR, Atty. Jacqueline C de Guia, RD, CHR IV; USEC EDWIN ENRILE of DILG, ASEC CECILLE CORPUZ of DOJ, and other key officials/representatives from the AFP and BJMP. Further, it had the objective to prevent the occurrence of torture by the conduct of preventive visits and dialogues as well as trainings not only on knowledge of HR laws but also to modify or influence perceptions/attitudes through participatory, consultative, and of liberty inclusive approach thereby uplifting the welfare of the PNP and persons deprived.
- 3rd Periodic Report of the Philippines to the United Nations Committee Against Torture (CAT).
The Philippines’ 3rd Periodic Report under Article 1, paragraph 1 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was considered during the 57th Session of the Committee Against Torture (CAT) from April 27 to 28, 2016 in Palais Wilson, Geneva, Switzerland wherein State parties to the Convention against Torture were required to submit and present regular periodic reports before the Committee in Geneva on how the rights set forth under the Convention Against Torture are being implemented. Geneva is the seat of the UN Office of the High Commissioner for Human Rights and UN Human Rights Treaty Bodies. The periodic report of State partied is conducted every four years.
The Philippine delegation was composed of senior officials from the Office of the President-Presidential Human Rights Committee, the Presidential Legislative and Liaison Office (PLLO), the Office of the Presidential Adviser on the Peace Process (OPAPP),the Department of the Interior and Local Government (DILG), the Department of Foreign Affairs (DFA), the Department of Justice (DOJ), the Department of Social Welfare and Development (DSWD), the Department of Health (DOH), the Supreme Court (SC), the Sandiganbayan, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP), the Bureau of Jail Management and Penology (BJMP), the Bureau of Corrections (BuCor), the National Bureau of Investigation (NBI), the Juvenile Justice and Welfare Council (JJWC), and the Permanent Mission of the Philippines to the United Nations in Geneva.
- Participation of the PNP in the Commemoration of the “International Humanitarian Law Day”. The Philippine National Police through the Human Rights Affairs Office (HRAO), in collaboration with Department of National Defense, Department of Foreign Affairs, Commission on Human Rights, Department of Education, Department of Justice, International Committee of the Red Cross, Department of Social Welfare and Development, Department of Interior and Local Government, and the Armed Forces of the Philippines spearheaded the month long celebration of the “International Humanitarian Law Day (IHL)”. The kick-off activities of the IHL Day were held on August 12, 2016 which highlighted among others, the a fun run and blood donation at Camp Emilio Aguinaldo. The lined-up activities of the PNP during the long month celebration included multi-sectoral dialogues, inspection of lock-up cells, and series of human rights and IHL trainings, as well as radio and TV interviews were included in the lineup of activities.
- Series of PNP-Civil Society Organization Forum on Rights-Based Policing. The forum which was conducted by the PNP-HRAO in partnership with the Hanns Seidel Foundation of Germany had the objectives to: Provide opportunities to discuss problems or issues concerning Human Rights on the aspect in the conduct of Arrest, Use of Force, and Search Seizure; Person under Police Custody; and Fatal Shooting/Torture/Ill treatment; Identify administrative remedies to address the problems; enhance understanding of Human Rights Issues and gaps; and develop effective approaches in addressing human rights issues with the communities and CSOs.
- A total of three PNP-Civil Society Organization Forum on Rights-Based Policing were conducted with a total of 245 attendees from the PNP, CSO, and concerned government agencies:
5. Participation of the PNP in the 2016 National Human Rights Consciousness Week Celebration and the 68th Anniversary of the Universal Declaration of Human Rights. Pursuant to Republic Act (RA) No. 9201, otherwise known as the National Human Rights Consciousness Week Act of 2002, which declared December 4 to10 of every year as the National Human Rights Consciousness Week in the country, the Philippine National Police joined the Commission on Human Rights (CHR) and other government agencies in spearheading the weeklong celebration of the 2016 National Human Rights Consciousness Week (NHRCW) with the theme “Stand up for someone’s right today”.
The highlights of the celebration include the following:
6. From January to December, 2016, HRAO actively participated in 325 different trust-building activities, Congressional & Senate Hearings, and other multi-sectoral events related to the promotion and protection of human rights and international humanitarian law.
Commitment for 2017:
- Strict adherence to the Human Rights-Based Policing which is the comprehensive, systematic, and institutional adherence to national or domestic laws on human rights; and compliance with international human rights principles, standards, and practices based on treaties, conventions, or protocols related to law enforcement and other police functions. The application of HRBP is done by adhering to PNP Police Operational Procedures (POP) and implementation of policies, programs, and projects related to the PNP Human Rights Development Program.
- Institutionalization of a Continuing Multi-Sectoral and Multi-Disciplinary human rights education program and community-based policing