D.
PSYCHOLOGICAL FACTORS
The complex Institution and relationship that comprise government and the global economy can make it
easy to forget that each violation of human rights is a very personal event for victims, perpetrators, and
bystanders. By shifting one’s focus to the individual human beings involved in a given human rights
abuse, new kinds of questions emerge.
What factors motivate people to obey authority?
What factors convince people to harm others for political or social ends?
How do governments or other organizations use these factors to mobilize enough
people to carry out large-scale repression?
Conversely, what motivates people to overcome prejudice or resist violent
behavior? Why do people often support pluralistic worldviews, including universal
human rights?
1. AUTHORITY
Sociologist Max once wrote that individuals conduct their social affairs and relationship
according to their perception of “legitimate authority.” Individuals may accept this authority for
a variety of reasons. They may identity personally with authority figures; they may feel a sense
of duty to a greater whole; or they may obey an authority out of simple self-interest. In the
generation following World War II and the Holocaust, scholars of social psychology carried out
studies to test the conditions in which ostensibly ordinary, “good” people might commit acts
that violate their moral aversion to harming others.
2. GROUP IDENTITY
People naturally tend to divide the world into groups, based on even minimal similarities. Staub
studied this tendency and its effects and refers to the idea of preferring similar people as
establishing “ in-groups.” According to him, “People have a need to maintain their
understanding of the world, or to create new understanding. They need to defend their social
and societal self-concepts, and under extreme conditions to defend their survival. Many of these
needs can be satisfied by experiencing a sense of identity with a group of people.
People see others as similar and part of their “in-group” or, conversely, as members of an
“outgroup.” Socialization contributes to the differentiation between groups and to the
devaluation of individuals belonging to “out-groups
3. SOCIALIZATION
In grouping and out-grouping are essential components in the production of perpetrators of
mass atrocity. In many cases, scholars have noted that perpetrators are not only socialized to
accept extreme violence, but also to view themselves as defenders of the in-group. In his book
on Japanese war criminals convicted following World War II, Dawes sums up how scholars
understand the use of group identity to methodically construct the roles, institutions, and
conceptions of the other that drive mass violence.
What It Means to Violate Human Rights?
There is now near-universal consensus that all individuals are entitled to certain basic rights under any
circumstances. These include certain civil liberties and political rights, the most fundamental of which is
the right to life and physical safety. Human rights are the articulation of the need for justice, tolerance,
mutual respect, and human dignity in all of our activity,[1]Speaking of rights allows us to express the
idea that all individuals are part of the scope of morality and justice.
To protect human rights is to ensure that people receive some degree, humane treatment. To
violate the most basic human rights, on the other hand, is to deny individuals their fundamental moral
entitlements.
It is, in a sense, to treat them as if they are less than human and undeserving of respect and dignity.
Examples are acts typically deemed “crimes against humanity,” including genocide, torture, slavery,
rape, enforced sterilization or medical experimentation, and deliberate starvation. Because these
policies are sometimes implemented by governments, limiting the unrestrained power of the state is an
important part of international law. Underlying laws that prohibit the various “crimes against humanity”
is the principle of nondiscrimination and the notion that certain basic rights apply universally.
Gross Human Rights Violation (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 & personnel commit HRV because of:
1 . Incorrect use ( wrong use ) of lawful military authority or power
2 . Abuse of military authority or power.
“ 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:
1. Unlawful, unnecessary or disproportionate use of force.( authority & obligation )
2. Arbitrary arrest or detention ( contain elements of injustice, irregular, unreasonable &
disproportionate
3. Torture or other cruel, inhuman or degrading treatment or punishment
4. Enforced Disappearance
5. Summary Execution or Extrajudicial killing
Common causes for popular dissatisfaction:
1. Selective enforcement of the law.
2. Rude behavior, abusive language & contempt towards HR.
3. Ignorance of the laws of HR, or deliberately disregard them in matters of arrest, interrogation,
searching & detention
4. Differential attitudes depending on socio-cultural status, economic power & 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 affective military enforcement, blames the law, and courts for their own
inefficiency.
9. Corruption.
Search as an incident to lawful arrest
1. Search of moving vehicles (search based on probable cause )
2. SW is required for the search of a dwelling house.
3. Seizure of a evidence in plain view
4. Waiver of right
Armed Conflict ( wartime )
1. Conduct of “ Areal Target Zone” and “Saturation Drives.”
2. Checkpoint ( requisites ) abnormal times
3. Limited to visual search
4. Vehicle not searched
Passengers not subjected to body search.
1. Stop and frisk - limited protective search
2. Prevailing general chaos and disorder because of an on- going coup.
Note on checkpoints: vehicle is neither searched nor its occupants subjected to body search &
inspection of vehicle is limited to visual search = it is a valid search.
Valid warrantless arrests:
1. Caught in the act
2. Investigation or personal knowledge
3. Escaped detention/ sentenced prisoner ( Escape )
4. Waiver of invalid arrest
5. Hot pursuit ( continuous & no supervening event )
6. Stop and frisk
The Duty to investigate:
1. Responsibility of military officials to investigate HRVs committed by public officials
2. All HRV investigations must be carried out promptly ( immediate ), thoroughly ( complete ) and
impartially ( unbiased )
3. The act of one military officer or personnel is capable of discrediting the AFP organization as
whole
4. Military officers must be held accountable for their individual acts, including those that are
unlawful and/ or arbitrary.
POLICE STATION CHECKLIST ON HUMAN RIGHTS - BASED POLICING
(As maintained by the Human Rights Desk )
1. Number and profile of personnel with:
[Link] and advanced training in human rights
2. Human rights modules in mandatory and special courses
3. Additional human rights seminars, workshops, and training conducted by CHR
4. Additional human rights seminars, workshop, training conducted by NGOs and foreign
organizations
[Link] of custodial detention facilities / lock- up cells inspected.
1. Are there separate facilities for men, women, and children?
2. Is there a regularly updated Database on Detainees including their complete name,
3. Address, age, sex, nature of income or offense, status of case or investigation, date
4. Of inquest, release or transfer to jail, contact details of lawyer or family, etc.?
5. Are the custodial detention facilities / lock- up cells, safe, and secure?
6. Are detainees confined in facilities that pose no threat to their health and safety?
3. Number and profile of complaints of alleged human rights violations such as:
1. Excessive Use of Force (EF)
2. Illegal Arrest (IA)
3. Illegal Detention (ID)
4. Extra- legal killings (ELK) or summary executions
5. Enforced Disappearance
6. Other human rights violations
[Link] and status of alleged cases of human rights violation investigated or handled by the police
station.
5. Display of posters and information materials on Rights of Persons Arrested, Detained or Under
Investigation ( R.A 7438 ) at the police station and other PNP offices.
6. Display the posters inside the investigation room, near custodial detention facilities, and other
prominent locations inside the police station.
7. Activation of human rights desk and designations of human rights desk officers
(HRDOs) at the police station level including:
1. Preparation of human rights desk workflow and directory of other PNP units and government
agencies involved in human rights protection.
2. Human Rights Promotion/Protection Action Plan (police station – level)
8 Coordination with Barangay Human Rights Action Officer (BHRAO) on joint human rights plan and
activities; protective services to victims of human rights violations; and other mission- essential tasks
related to human rights promotion and protection at the community level.
HUMAN RIGHTS DESK BASIC OPERATIONAL PROCEDURES
Receiving / Taking Action on Complaints of Alleged Human Rights Violations:
1. Politely greet the compliant or any person that approaches the Human
Rights Desk. State your rank and full name, then ask the complainant or
person about specific need or purpose for approaching your desk.
2. Through initial interview, evaluate if the complaint is about an alleged
human rights violation or a typical complaint that is supposed to be
handled by other desks such as the investigation Desk, Women &
Children’s Protection Desk (WCPD ), etc.
3. Asses if the complaint is about alleged enforced disappearance (ED),
extra- legal killing (ELK), torture (TOR), illegal arrest (IA), or excessive
use of force by a police officer and/or law enforcer (EF)
4. If the complaint is related to human rights violations cited in No. 2, get a
written statement from the complainant about the incident. Get full
details of the incident, complete name and contact details of the
complainant, and other pertinent information.
5. Inform the complainant that he/she will receive an update on actions
taken by the Human Rights Desk/ Police Station within three (3) days.
Further, inform the complainant that the update on actions taken may
be sent via phone call, text messages, email, or as a last resort, via post
email. Also provide the complainant with your official telephone/tax
numbers, e-mail address, and other contact details.
6. Thank the complainant for reporting the incident/ alleged human rights
violation . Express reassurance that the Human Rights Desk monitor the
actions that will be taken by the appropriate police units or government
agencies that will handle the complaint or report of alleged human
rights violation.
VOLKER TURK appointment as UN High Commissioner for Human Rights
Secretary- General Antonio Guiterres appointed Volker Turk of Austria appointed as United Nation High
Commissioner for Human Rights, following approval by the General Assembly during a meeting today (8
September ). In all previous appointments, the Secretary- General’s recommended candidate has been
approved by consensus (without a vote).
“Mr. Turk has devoted his long and distinguished career to advancing universal human right, notably the
international protection of some of the world’s most vulnerable people, the refugees and stateless
persons,” the UN chief said in a statement.
What is the role of the UN High Commissioner for Human Rights?
The office of the high commissioner for human rights is the leading United Nations entity in the field of
human rights, with a unique mandate to promote and protect all human rights for all people.
The High Commissioner’s role is to be the world’s leading human rights advocate, as distinct from the
role of a diplomat or political envoy. Demonstrating solidarity with victims and publicly calling out
abuses should take precedence over friendly dialogue with governments,’
The office of the High Commissioner for Human Rights (OHCHR) has its headquarters in the historic
Palais Wilson building in Geneva, Switzerland
VICTIMS AND RIGHT-HOLDERS
The Concept Of Victim
The concept of the victim of human rights violation is fundamental in determining who has the
right to effective remedy, investigation, justice, truth, reparation and guarantees of non-
repetition. However, it should be noted that the holders of these rights are not limited to the
victims, and may includes family members and other right-holders, such as the victim’s
dependents.
In reality, these categories often overlap. Therefore, sometimes persons who are not victims
may be entitled to comprehension because they have suffered injury and harm.
Traditionally, case law and legal doctrine have distinguished two categories of victims:
1. The “direct” victim
2. The “indirect” victim
The direct victim is the one whose fundamental rights have been violated-in other words, the
holder of the rights that have been violated.
The “indirect” victim is one who has suffered injury or harm even though their personal human
rights have not been violated.
“Victims are persons who individually or collectively suffered harm, including physical or mental
injury, emotional suffering economic loss or substantial impairment of their fundamental rights,
through acts or omission that constitute gross violations of international humanitarian law.
Where appropriate, and in accordance with domestic law, the term ‘victim’ also included the
immediate family or dependants of the direct victim and persons who have suffered harm in
intervening to assist victims in distress or to prevent victimization.”
This definition encompasses both the “direct victim” and the “indirect victim,” and reflects the
evolution of case law concerning the concept of the victim.
According to Article 8 of the Principles on Reparation, the following are victims:
1. The persons whose human rights have been violated, or the direct victim
2. Members of the immediate family
3. The direct victim’s dependents
4. Person who have suffered harm in intervening to aid the victims in danger or to prevent
victimization
Independence of the Concept of Victim
Relative to the Perpetrator Victim status is acquired through the violation of human rights,
crime and/or harm. This principle is reaffirmed by the Declaration of Basic Principles of Justice
for Victims of Crime and Abuse power, which states that “a person may be considered a
victim[…] regardless of whether the perpetrator is identified, apprehended, prosecuted or
convicted and regardless of the familial relationship between the perpetrator and the victim.
Relatives as Victims of Enforced Disappearance
The instruments and international jurisprudence have considered that, in addition to the missing
person, that person’s family members are also victims of the crime of enforced disappearance
per se. Certainly enforced disappearance creates great suffering for the family of the missing
person, and uncertainly about the person’s fate or whereabouts.
“Enforced disappearance is one of the most serious forms of human rights violation, because it
violates a series of fundamentals rights, including the rights to life, integrity, free development
of the personality, personal liberty and security, presumption of innocence, due process, rights
to defense and effective recourse before the courts. Furthermore, on the one hand the rights of
the missing person are violated and on the other, the victim’s relatives are denied the right to
know the truth about what happened, the whereabouts of the victim, the receipt of remains
and the process of grieving.” According to the Ombudsman of Peru.
“In case involving forced disappearance of people, it can be understood that the violation of the
right to mental and moral integrity of the victim’s next of kin is, precisely, a direct consequence
of that event, which causes them severe suffering and is made worse by the continued refusal of
state authorities to supply information on the victim’s whereabouts or to conduct an effective
investigation to elucidate the facts.”
Relatives of Victims of Extrajudicial Execution
Relatives of the victims of extrajudicial execution are entitled to reparations as well as having
the right to effective remedy and the truth, as the Special Rapporteur on extrajudicial, summary
or arbitrary executions has noted repeatedly, 61 The Principles on the Effective Prevention and
Investigation of Extra-legal, Arbitrary and Summary Executions reiterates that relatives of the
victims of extrajudicial executions, have the right to compensation. 62 In this regard, the Inter-
American Court of Human Rights has stated that the Court “assumes that the suffering and the
death of a person cause non-pecuniary damage to that person’s children, spouse, or companion,
parents and siblings, for which reason it is not necessary to prove this.
Survivors of Extrajudicial Executions as Victims
Survivors of extrajudicial executions particularly collective killings (massacres) have been
considered as victims in the case law.
The next of kin of the victims of certain human rights violations can, in turn, be victims. In this
regard, in other cases, the court has considered that the right to mental and moral integrity of
the next of kin of victims has been violated based on the additional suffering they have endured
as a result of the particular circumstances of the violations perpetrated against their loved ones
and owing to the subsequent acts or omissions of the State authorities in relation to the facts.
Impunity and the Relatives
Relatives of the victims of enforced disappearance and extrajudicial executions have the right to
effective recourse, to have the incident investigated seriously and effectively, to pursue criminal
proceedings against those responsible for those crimes and to see them punished.
Legal Remedies in Case of Enforced Disappearance & Extra-Judicial Killings
Philippines extrajudicial killings are politically motivated murders committed by government
officers, punished by local and international law or convention. They include assassinations;
deaths due to strafing or indiscriminate firing; massacre; summary execution is done if the
victim becomes passive before the moment of death (i.e.., abduction leading to death);
assassination means forthwith or instant killing while massacre is akin to genocide or mass
extermination; thus, killings occurred in many regions or places throughout the Philippines in
different times;
Malacanang’s Peace Summit On Extra Judicial Killings
Chief Justice Reynato Puno of the Supreme Court of the Philippines called a National
Consultative Summit on extrajudicial because of the magnitude of Philippine killings on July 16
and 17 at the Manila Hotel.
Promulgation of Writs of Amparo and Habeas Data
Chief Justice Reynato Puno signed and released the Writ of Amparo because of the inefficacy
and insufficiency of the Philippines Writ of Habeas Corpus, on September 25, 2007.
“This rule will provide the victims of extrajudicial killings and enforced disappearance the
protection they need and the promise of vindication for their rights. This rule empowers our
courts to issue reliefs that may be granted through judicial orders of protection, production,
inspection and other relief to safeguard one’s life and liberty The writ of Amparo shall hold
public authorities, those who took their oath to defend the constitution and enforce our laws, to
a high standard of official conduct and hold them accountable to our people. The sovereign
Filipino people should be assured that if their right to life and liberty is threatened or violated,
they will find vindication in our courts of justice.”
Puno explained the interim reliefs under amparo; temporary protection order (TPO), inspection
order (IO), production order (PO), and witness protection order (WPO, R.A 6981).
As supplement to Amparo, on August 30, 2007, Puno promised to release also the writ of
habeas data (“you should have the idea” or “you should have the data”) another new legal
remedy to solve the extrajudicial killings and enforced disappearance. Puno explained that the
writ of amparo denies to authorities defense of simple denial, and habeas data can find out
what information is held by the officer, rectify or even destroy erroneous data gathered. Brazil
used the writ, followed by Colombia, Paraguay, Argentina and Ecuador.
Writ of Habeas Corpus
“Habeas corpus” is a Latin phrase which literally means “you have the body”. The writ is an
order to the person in charge of someone’s detention to deliver the named person so Basically,
it is writ directed to the person detaining another, commanding him to produce the body of the
prisoner at a designated time and place and explain the cause of his detention. The writ of
Habeas Corpus generally extends to all is deprived of liberty, or the rightful custody of a person
is withheld from the person entitled to it.
Writ of Amparo
The writ of Amparo is of Mexican origin. Amparo means protection from the Spanish Word”
Amparar.” It is a remedy available to any person whose right to life, liberty, and security has
been violated or is threatened with violation by an unlawful act or omission of a public
official/employee, or of a private individual or entity. ([Link]
The writ is issued in cases of extrajudicial killings and enforced disappearance or threats thereof.
(Sec 1, Rule on the Writ of Amparo, [Link]. 07-9-12-SC, 25 Sept 2007)
In the event that the Writ of Amparo is issued against any member of the AFP, by the Supreme
Court, Court of Appeals, Sandiganbayan or any Justice of such court, and the Regional Trial
Court, the following rules of action shall be strictly followed by the units concerned as provided
by the AFP Policy Directive on Actions and Defense under the
Rule on the Writ of Amparo dated Dec.17.2007;
1. To verify the identity of the aggrieved party;
2. To recover and preserve evidence related to the death or disappearance of the person identified
in the petition or whose right to life, liberty or security is threatened with violation of an
unlawful act or omission as alleged in the petition that may aid in the prosecution of the
person/s responsible;
3. To identify witnesses and obtain statements from them concerning the death or disappearance;
4. To determine the cause, manner, location and the time of death or disappearance as well as any
pattern or practice that may have brought about the death or disappearance;
5. To identify and apprehend the person/s involved in the death or disappearance; and
6. To bring the suspected offenders before a competent court.
Writ of Habeas Data
The Writ of Habeas Data is a remedy available to any person whose right to privacy in life,
liberty or security is violated or threatened by an unlawful act or omission of a public official or
private individual. The writ of Habeas data enables the petitioner to invoke the right to privacy
and right to information.
In Latin America, the writ has been used to enable the petitioner to obtain information about
himself from public or private records. This has been particularly useful in cases of extrajudicial
killings and enforced disappearance as the families of victims could demand undisclosed
information. In cases where data about the petitioner has been falsified, the petitioner can use
the writ of habeas data to correct the data.
The writ can also be used invoke the right to privacy. The writ enables a person to know the
purpose in which the data about himself is being collected. (A.M NO. 08-1-16 SC, Jan 22, 08- The
rule on the Writ of Habeas Data)
When a Writ of Habeas Data is served, the respondent shall observe the following:
1. The respondent shall file a verified written return together with supporting affidavits within five
(5) work days from service of the writ, which period may be reasonably extended by the court for
justifiable reasons.
2. The return shall, among other things, contain the following:
a. The lawful defenses such as national security, state secrets, privileged communication,
confidentiality of the source of information of media and others;
b. In case of respondent in charge, in possession or in control of the data or information subject of
the petition.
A disclosure of the data or information about the petitioner, the nature of such data or
information, and the purpose for its collection;
The steps or action taken by the respondent to ensure the security and confidentiality of the
data or information;
The currency and accuracy of the data or information held; and;
c. Other allegations relevant to the resolution of the proceeding (A.M NO. 08-1-16 SC, Jan 22,
08- The rule on the Writ of Habeas Data.