human rights defenders handbook
TRANSCRIPT
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Doing human rights work is like walking in a tightrope. HR defenders never know when
to fall, and whether or not we fall hard, when it happens. Thus, in the course of this
mission, defenders learned and continue to learn ways, skills, knowledge and creativity
not just to survive but also to multiply. There are still plenty of things to learn and to
experience however, as we continue to address the urgency of strengthening human
rights work in the country particularly at the grassroots level. So this handbook aims to
be a modest contribution to that process of helping human rights defenders weathersthe risks and dangers that the work entails.
This is also a follow-up to the Know Your Rights pocket-guide that CTUHR published
on January 2009.
The practical content of the handbook is an accumulation of experiences of human
rights defenders and families of victims of extrajudicial killings and other violations pri-marily in the labour sector that CTUHR worked with in its 25 years of existence.
We could not have nished the handbook though, without the patience, openness,
critiques and recommendations of nearly hundred HR defenders from various organi-
zations and sectors nationwide who joined the Luzon, Visayas and Mindanao pretests.
Specically, we thank the Pro-labour Legal Assistance (PLACE), Visayas Institute for
Human Development Agency, Inc (VIHDA) and Nonoy Librado Development Founda-
tion, Inc (NLDFI) for co-organizing the regional activities. To all of them, we owe our
thanks.
CTUHR also thanks the EPJUST Team for making the whole process of discussing and
re-writing the draft an enjoyable educational experience.
M E S S A G E
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M E S S A G E
EP JUST EU-PHILIPPINES JUSTICE SUPPORT PROGRAMME
Cooperation with CTUHR on this human rights defenders handbook has a special signi -
cance for the European Union funded EPJUST program and myself: As early as 1870 trade-
unions were formed in Europe, France and Germany in particular. Today, the largest union
confederation in Europe is the German Confederation of Trade Unions representing 7 million
people.
In former times, there were severe penalties for attempting to organize unions, up to and
including execution. Today we realize that trade unions are an essential part of any free
society. There can be no democracy without free trade unions. Therefore, trade unions and
trade unionists were and still remain the main targets of any dictatorship. Some examples
of those, who refused to accept human rights: in Nazi-Germany trade unionists were killed by
the thousands in concentration camps; after the military coup in Chile in 1973 the Pinochet-
regime tortured and arrested so called leftist trade-unionists. Many were never seen again.Up to today, trade unionists are threatened and harassed in several countries, sometimes
even in would-be democracies.
Trade unionists are among the most active human rights defenders. This handbook is for
them and other activists in the eld of human rights protection. It is meant to protect those,
who are protecting others.
Mr. Detlev Mehlis
EPJUST Team Leader/ Senior Justice Expert
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TABLE OF CONTENTS
i. introducton......................................................................4
ii. Your Human Rghts.........................................................5
iii. Your Legal Rghts..........................................................11
iV. Respondng to Rsks and Threats to Safety..................19
V. important Contact Ponts................................................33
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INTRODUCTION
Are you a poltcal actvst defendng the rghts to freedom of assembly and
of expresson? Or a trade unonst? Or an actvst for housng rghts, land
rghts, envronmental rghts, educaton rghts, ndgenous peoples rghts,
women and chld rghts? Or someone actve n promotng or strvng forthe realaton of human rghts and fundamental freedoms at natonal and
nternatonal level ndvdually or n assocaton wth others?
if you are one of them, then you are called Human Rghts Defender (HRD)!
The UN Declaratons on Human Rghts Defenders declares
Everyone has the right, individually and in association with others,
to promote and to strive for the protection and realization of human
rights and fundamental freedoms at the national and internationallevels1
Lke other persons wthn a jursdcton of a state, you have the rght to be
protected by the State, both n laws and n practce. You have the rght
to defend human rghts. The same Declaraton stresses that the prime
responsibility and duty to promote and protect human rights and
fundamental freedoms lie with the State.2
Many human rghts organatons and human rghts defenders are notable to pursue ther actvtes freely, ncludng ther rght to freedom of
assocaton, or rght of peaceful demonstraton, and are often subjected to
harassment and ntmdaton.
As human rghts defender, your work s mportant not only for the sectors
or ssues you advocate, but to socety n general. But snce your work
challenges persecuton and njustce, t can be rsky or lfe threatenng at
tmes.
So, ths handbook s for you, not as fool-proof safety guarantee (there s no
such thng lke that!), but smple and helpful tps for basc protecton whle
you perform your mportant msson.
1 UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally
Recognised Human Rights and Fundamental Freedoms2 Ibid.
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YOUR HUMAN RIGHTS
Human rghts are unversal, ndvsble,
nterdependent and nterrelated whether they
are cvl, poltcal, economc, socal or cultural,
and must be upheld wth equal determnatonn every country.3 They derve from the nherent dgnty of the human
person Human rghts are recognsed and codfed n natonal laws and
nternatonal treates. Ther enjoyment and fulflment cannot be suspended
n any stuaton, even under martal law or a natonal state of emergency.
The State (all branches of government) and ts agents have the duty to
respect, protect and fulfl human rghts of all ndvduals. in realty, however,
volatons of these rghts exst, even n democratc countres.
The right to life.1.Everyone has the rght to lfe4. Ths rght, however, can be volated n a
varety of ways, ncludng:
Kllngs by state agents, or persons actng n drect or ndrect complancewth the State, when the force used s not absolutely necessary andproportonate (extra judcal kllngs or extralegal kllngs);5
Deaths n custody as a result of neglect, use of excessve force
and torture, or lfe-threatenng condtons of detenton (summaryexecuton, salvagng);
Delberate kllng by prvate groups or ndvduals or armed
groups engagng war wth the State (the Geneva Conventons
and protocols (Protocol ii) are mportant here partcularly n the
context of non-nternatonal armed conflcts);6
3 Ko Annan, UN Secretary General ` On Universality and Indivisibility of Human Rights, 24 April 2003, UN Commission on Human Rights,
Geneva, Switzerland4 Universal Declaration of Human Rights (UDHR) Art. 3; 1987 Constitution Art. III Sec. 15 The international law denition of extrajudicial execution encompasses any killing by Government forces as well as killings by any other
groups o individuals which the Government fails to investigate, prosecute and punish when it is in a position to do so, Prof Philip Alston, UN
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, 15 October 2009. Extralegal killings are killings committed without
due process of law, i.e. without legal safeguards or judicial proceedings. Rule on the Writ of Amparo: Annotation, p.48 and Case law: Sec
of National Defense v. Manalo (GR 180906, 7 Oct 2008)6 The Geneva Conventions and their Additional Protocols are international treaties that contain the most important rules limiting the barbarity
of war. They protect people who do not take part in the ghting (civilians, medics, aid workers) and those who can no longer ght (wounded,
sick and shipwrecked troops, prisoners of war). Protocol II relates to the Protection of Victims of Non-International Armed Conicts, 8
June 1977
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Falure by the State to nvestgate, prosecute and judge volatons
of the rght to lfe.
The right to freedom from torture.2.
Everyone has the rght tofreedom from torture and nhuman or defradng
treatment or punshment.7
in 2009, torture became a crme under Republc
Act No.9745 or Ant-Torture Act of 2009. Ths
rght can be volated through a varety of ways ;
acts that consttute torture, nclude:
the delberate nflcton of severe
physcal or psychologcal pan on a
person or group by State agents or
wthn the consent or acquescence of
a person n authorty or publc offcal or agent of a person n
authorty or armed groups wth the ntenton of causng sufferng
(e.g. systematc beatng, food deprvaton, cgarette burnng
etc.), or obtanng nformaton, or a forced confesson for an
alleged crme;
e xpellng or returnng a person to a place n whch they face areal rsk of beng tortured or subjected to nhuman or degradng
treatment or punshment;
keepng persons n very poor condtons of detenton, even f
there s no ntenton to nflct sufferng;
corporal (physcal) punshment of chldren and batterng of
spouses n the guse of dscplnary acton; and
`secret detenton places, soltary confnement, ncommuncado
and other smlar forms of detenton where torture may be carred
out wth mpunty are also prohbted.
7 The Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment are annexed to General Assembly resolution 55/89 of 4 December 2000 and to Commission on Human Rights resolution
2000/43 of 20 April 2000, both adopted without a vote.
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To nvestgate or assess allegatons of torture, the UNs Istanbul Protocol8
s useful. it provdes a set of nternatonal gudelnes for the assessment
of persons who allege torture and ll treatment, for nvestgatng cases of
alleged torture, and for reportng such fndngs to the judcary and any
other nvestgatve body.
The right not to be subjected to forced labour.3.
No one shall be requred to perform forced or compulsory labour.9
Compulsory labour shall mean all work or servce whch s exacted from
any person under the menace of any penalty and for whch the sad
person has not offered hmself voluntarly.10 Forced or compulsory labour
wll requre a level of coercon or decepton between the employer and
the vctm, beyond that whch mght be expected n normal employment
arrangement.11
There are seven (7) major categores of forced labour:
slavery and abductons ;
compulsory partcpaton n publc works projects;
mandatory forced labour n remote areas;
bonded labour or debt bondage - forcng another person to work
n her/hs household as domestc or n hs famly or company as
payment of debt;worker or farm labourer as payment for debt or contractual
oblgaton;
nvoluntary labour resultng from traffckng n persons ;
domestc workers n nvoluntary labour stuatons;
prson labour and rehabltaton through work unless t s a part
of the punshment for the crme commtted
The right to freedom of assembly and association.4.Everyone has the rght to freedom of assembly and of assocaton wth
others ncludng the rght to form trade unons to protect ther nterests.12
8 Slavery, Servitude and Forced or Compulsory Labour, Ministry of Justice, United Kingdom9 ICCPR Art. 8, Para 3 (a)10 ILO Conventions No. 29, Convention concerning Forced or Compulsory Labour.11 ICCPR Art 21; 1987 Constitution Art. III Sec. 412 ICCPR Art 22; ILO Conventions 87 and 98; 1987 Constitution Art. III Sec. 8
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Ths rght, however, can be volated n a varety of ways, ncludng:
preventng publc demonstratons;
restrctng possbltes to jon voluntary assocatons
(e.g. communty or peoples organaton); and
denyng persons the rght to form and/or jon trade unons or
workers assocatons13
The right to freedom of opinion5.
and expression
Everyone shall have the rght to freedom
of opnon and expresson; ths rght
shall nclude freedom to seek, receve
and mpart nformaton and deas of
all knds, regardless of fronters, etherorally, n wrtng or n prnt, n the form
of art, or through any other meda of hs
choce.14
Whle rght to freedom of opnon s
absolute, rght to freedom of expresson
s not.15
Ths rght,however, can be volated n a varety of ways, ncludng by:
lmtng the freedom of the press or placng undue restrctons on
the press or passng a law that allows government nterference
n meda affars (excludng reasonable lcensng restrctons, e.g.
pror restrant on what can be publshed as news on prnt and
broadcast meda);
(prnt, broadcast ncludng new meda or nternet channels);
nformal censorshp on journalsts through threats, ntmdatons
and legal harassments;
13 UDHR Art. 23; ILO Conventions 87 and 9814 ICCPR Art. 19; 1987 Constitution Art. III Sec. 415 Freedom ofExpression, a right (still) at risk UN Special Rapporteuron the Promotion and Protection of the Right to Freedom ofOpinion
and Expression, Frank La Rue, UN Human Rights Council, 14th session, 06 July 2010.
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restrctng access to poltcal, artstc or commercal nformaton
and deas (e.g. denyng ndvduals and organatons access to
varous poltcal groups or correct nformaton and servces on
sexual and reproductve health);and
arrest of people for wearng advocacy t-shrts or usng alternatve
meda that can be crtcal of certan polces or authortes.
6. The right to liberty and security.
Everyone has the rght to lberty and securty. No one shall be subjected
to arbtrary arrest or detenton, deprved of hs lberty except on such
grounds and n accordance wth such procedure as are establshed by
law.16 Deprvaton of lberty means any form of detenton or mprsonment
or the placement of a person n a publc or prvate custodal settng
whch that person s not permtted to leave at wll by order of any judcal,
admnstratve or other authorty.17
Ths rght,however, can be volated n a varety of ways, ncludng by:
unlawful or arbtrary detenton (where there s no legal bass for
the deprvaton of lberty), for example when a person s kept n
detenton after a mandatory perod wthout a charge n court, or
completon of ther prson sentence, or despte an amnesty law
whch apples to them;
threat s, survellances or harassments that lmt the free
movement of an ndvdual from one place to another;
detenton of persons because they have exercsed the rghts
and freedoms guaranteed by natonal and nternatonal laws and
mechansms;
detenton on false charges because you perform your role and
functons as a human rghts defender;
detenton after a tral whch dd not comply wth nternatonal
standards for a far tral (see the right to a fair trial).
16 ICCPR Art 9; 1987 Constitution Art. III Sec. 117 Optional Protocol on Convention Against Torture (OP-CAT) Art 4. Para 2
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YOUR LEGAL RIGHTS
Human rghts defenders work s legal. Human rghts defenders are legal
and legtmated by natonal and nternatonal communtes. Human rghts
defenders often rsk ther lves and well-beng n the pursut of truth and
justce. Ths secton provdes some useful tps n lessenng rsks forhuman rghts defenders n crtcal stuatons of arrests and detentons,
and searches and seures.
Arrests and DetentionsA.
Everyone has the rght not to be subjected to
arbtrary arrest or detenton. Everyone has the
rght not to be deprved of hs lberty except on
such grounds and n accordance wth such procedureas are establshed by law.20
You can only be legally arrested on two grounds: 1) f there s a
case fled aganst you n court and an arrest warrant had been ssued
aganst you; and, 2) f you are arrested n any of the crcumstances where
warrantless arrests are legal under Rule 113 Secton 5 of the Rules of
Court.
The polce has the judcal authorty to serve a warrant and effect an
arrest.
1. If you have been arrested and/or under investigation, RA 743821
provides for your rights, as follows:
You have the rght to be nformed of the reason of arrest
and the charges aganst you;
You have the rght to reman slent and not to be compelled
to testfy aganst yourself;
20 ICCPR Art 9; 1987 Constitution Art. III Sec. 2, 12 (2)21 See Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation.
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You have the rght to have a counsel of your choce to
assst you at all tmes n any custodal nvestgaton or
nterrogaton22;
You have the rght to be presented to a judge as soon
as possble but not later than:a) 12 hours after the arrest for a lght offense
(e.g. vandalism)
b) 18 hours after the arrest for less grave offense
(e.g. illegal assembly)
c) 36 hours after arrest for a grave offense
(e.g. murder, rebellion)
Remember: if the arrestng person faled to comply wth the above, your
arrest and detenton become llegal and you shold fle a complant to
consttutonal authortes at the frst opportunty to do so. 23
When you are presented to a judge,
You have the rght to make a formal complant f you feel
you have been dened counsel, pushed around, forced to
confess, tortured or ntmdated;
You have the rght to ask to be released on reasonable
bal, unless you are charged wth a crme punshable by
reclusion perpetua or lfe sentence and the evdence of
your gult s strong;
You have the rght to be vsted by a famly member,
relatve, frend and lawyers.
22 RA 7438 Sec. 4. provides a penalty clause for (a) Any arresting public ofcer or employee, or any investigating ofcer, who fails to inform
any person arrested, detained or under custodial investigation of his right to remain silent and to have competent and independent counsel
preferably of his own choice, shall suffer a ne of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8)
years but not more than ten (10) years, or both. The penalty of perpetual absolute disqualication shall also be imposed upon the investigat-
ing ofcer who has been previously convicted of a similar offense.23 Revised Penal Code of the Philippines (RPC) Art. 125
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2. If you continue to be detained while your case is being heard:
You have the rght to be treated wth humanty and wth
respect for the nherent dgnty of the human person.24
You have the rght to a speedy and mpartal procedure;
You have the rght to receve adequate food, and you
may decde to procure food from outsde through the
admnstraton of the detenton center or through famly
and frends;
You have the rght to practce your relgon;
You have the rght to a healthful accommodaton wth
suffcent lght and ventlaton and adequate santary and
bathng facltes;
You have the rght to be furnshed wth and to procure
readng and wrtng materals;
You have the rght to be separated from sentenced
convcts;
You have the rght to have at least an hour of outdoorexercse; and
You have the rght not to be compelled to work unless you
wsh to.
3. If you are facing trial:
You have the rght to be nformed of what you are charged
wth and what acts you are accused of havng commtted;
You have the rght to be asssted by a counsel of your own
choce;
You have the rght to be presumed nnocent untl you have
proven gulty beyond reasonable doubt;
24 ICCPR Art. 10, para 1
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You have the rght not to be compelled to be a wtness
aganst yourself;
You have the rght to confront the wtness(es) aganst
you;
You have the rght to have compulsory process to produce
evdence favourable to you;
You have the rght to present your defense;
You have the rght not to be placed twce n jeopardy for the
same offense;
You have the rght not to be sentenced to pay an excessve
fne nor to suffer cruel or unusual punshment; and
You have the rght to a speedy, mpartal and publc tral.
Warrantless ArrestB.
As a general rule, you can only be legally arrested when there s a warrant
of arrest ssued by the court aganst you. There are crcumstances
determned by law where warrantless arrest s vald and legal. Rule 113
Secton 5 of the Rules of Court provdes for nstances of vald warrantless
arrests as follows:
Section 5.Arrest without warrant; when lawful. A peace offcer or a
prvate person may, wthout a warrant, arrest a person:
(a) When, n hs presence, the person to be arrested has
commtted, s actually commttng, or s attemptng to
commt an offense;
(b) When an offense has just been commtted, and he has
probable cause to beleve based on personal knowledge
of facts or crcumstances that the person to be arrested
has commtted t; and
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(c) When the person to be arrested s a prsoner who has
escaped from a penal establshment or place where he s
servng fnal judgment or s temporarly confned whle hs
case s pendng, or has escaped whle beng transferred
from one confnement to another.
in cases fallng under paragraph (a) and (b) above, the person arrested
wthout a warrant shall be forthwth delvered to the nearest polce staton
or jal and shall be proceeded aganst n accordance wth secton 7 of
Rule 112. (5a)
if you are arrested outsde any of the above-wrtten crcumstances, the
arrest s llegal and you should be mmedately released. However, under
the ilagan Doctrne25 of the Supreme Court, an llegal arrest can be curedand can be legaled f a corrected nformaton s fled at the prosecutors
offce or the court ssued a warrant of arrest on the accused. The use of
ths doctrne s stll beng legally contested.
C. Searches and Seizures
You have a rght not to have your house or offce searched, your papers
and belongngs seed by State agents wthout a vald search warrant
ssued by a Judge, and not to have anythng seed whch s not specfedn the presented search warrant. A search warrant s not a lcense
to ransack your house or your offce. if you are legally arrested, your
person and surroundngs may be searched for dangerous weapons and
any evdence found on your person and mmedate vcnty (person and
immediate vicinity only) whch may have been used to commt the crme
you are charged of may be seed.
iF YOUR HOUSE OR OFFiCE iS TARGETTED FOR A SEARCH ANDSUPPOSED WARRANT iS iSSUED:
1. Check f the search warrant s vald. A search warrant s vald f:
t s sgned by the judge who has jursdcton over the place to be
searched;
25 Ilagan vs. Enrile, 139 SCRA 3491985
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t specfes one offense only;
t descrbes wth partcularty the exact locaton and/or address of
the place to be searched, and lst down exactly what thngs are to
be seed. A search warrant can be ssued only for objects that
are the subject of the crme allegedly commtted (e.g. unlcensed
frearms) or fruts of the crme (stolen money);
t s executed wthn 10 days after ts ssuance;
t s not a photocopy search warrant.
2. if the search warrant s vald, only then should you allow the
search to be conducted. Before lettng the search party to enter
your house or offce, ask ther names, rank, offce, command or
unts they belong and get name and rank of the commandng
offcer. if t s a lawful search, the search party should normallygve ther names.
3. Durng the search, accompany the group conductng the search
at all tmes, do not leave them alone and always be alert, to
prevent plantng of documents, weapons or any other materals
n your home or offce that can be used aganst you later.
4. if you have doubts about the authentcty
of the search warrant, ask for a copy of thewarrant from the court that ssued t even f
the search had been consummated. Ths s
useful especally f you want to contest the
search n court.
Remember: the search party s allowed to conduct the search only
n the presence of the lawful occupant or any member of the famly. if
NO occupant or member of the famly s present, the search must beconducted n the presence of two wtnesses resdng from the same
localty, or a barangay captan.26
26 RPC Art. 130
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5. if anythng s taken from your house or offce, the offcer seng
the property must gve a detaled recept. Ask the offcer of the
group conductng the search and a member of your communty
to sgn the recept mmedately below the last wrtten lne of ts
page.
6. You may ask to sgn an affdavt of orderly search. if n your opnon
the search wasnt orderly at all, do not sgn the affdavt. if you are
forced to sgn, add n your sgnature, the phrase under protest
or under duress. in ths way, you can regster your objecton.
7. if the WARRANT iS iNVALiD, the search and seure s unlawful.
Any evdence obtaned as a result of an unlawful search and
seure cannot be used as evdence n any proceedng. You may
resst, wthout lablty to an unlawful search and seure. Youmay also fle crmnal, cvl or dscplnary acton cases aganst
the offcer servng an unlawful warrant.
8. Where there s no search warrant, do not voluntarly submt
yourself to a search. Object mmedately and demand for ther
dentty, names, rank, offce or command they come from. Do not
agree to be searched and regster your opposton. A warrantless
search wthout your expressed consent s iLLEGAL.
D. WARRANTLESS SEARCH
As a general rule, you need a vald search warrant before any search can
be conducted. However, accordng to law, a warrantless search s vald or
legal on the followng crcumstances:
search ncdental to a vald arrest- t s natural that you1.
wll be searched for possble weapon, drugs or any llegal
objects deemed by law
movng vehcle2. 27
smuggled goods or sometmes called as contraband3.
27 Moving Vehicle/Probable Cause Doctrine--an automobile, truck, van, motorhome, boat, airplane or other movable object can be searched
IF there is (a) probable cause (b) the vehicle is moving or about to be moved, and (c) a warrant cannot be readily obtained. Every part of the
vehicle can be searched, including closed containers in the trunk, although special justication is needed for trunks.
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seure of evdence n plan vew-4. plain view doctrine
allows an offcer to see wthout a warrant, evdence
and contraband found n plan vew durng a lawful
observaton.
waver5. or consented warrantless search- when consent
s gven freely and voluntarly and not through the use of
force or threat
stop6. and frsk 28
ponts7. of entry such as ports or arports
prsoners8. of war
admnstratve9. nspecton n commercal establshments
checkponts10.
28 Stop and Frisk doctrine originated in the US in a 1968 case of Terry vs. Ohio- Under the Terry ruling, a police ofcer may stop and detain
a person based on reasonable suspicion. And, if the police reasonably suspect the person is armed and dangerous, they may also frisk
him or her for weapons.
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RESPONDING TO RISKS AND THREATS TO SAFETY
Human rghts defenders often face a myrad of challenges, both n conflct
or post-conflct stuatons. Stayng alve serves the cause of human rghts
and justce further. Therefore, rsks have to be perodcally assessed and
threats mtgated to ensure that personal and organatonal safety arenot compromsed.
WHAT TO DO if You Beleve There is a Threat to your Personal Safety
Do1. not go out alone and whenever possble, ask someone to
accompany you to actvtes or meetngs you attend. The rsk
of beng abducted or klled has ncreased because there are no
wtnesses.
if2. you have been vsted by suspcous men or women or armed
groups several tmes n your house do not stay at home. Homes
of human rghts defenders are no longer safe sanctuares. in
recent experences, your house or offce becomes the most
vulnerable place for survellances and more. in the last few
years, ncdents of llegal arrest, abducton and even extrajudcal
kllngs are commtted n the homes or n the vcnty of the
vctms resdence.
Move3. to another place but mantan communcaton lnes wth
your trusted frends, colleagues and/or a member of your
famly. Tell them about the threat or the possblty of your beng
abducted and what to do n that case. Tell them specfcally, who
to contact or run for help and how to get n touch wth them and
where to search for you. You may also decde to nvolve the
polce by flng a blotter, f you thnk t wll help you.
Establsh4. a way or system of communcaton that only you andyour frends, or colleagues understand to alert them f you are
n unsecured stuaton when normal communcaton cannot be
used.
Before5. gong out, tell your frends or colleagues where you are
gong, whom you wll see and how long you expect to be out
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and what to do f you fal to return on tme or fal to reach your
destnaton or keep your appontment.
When6. you go out, always carry an adequate dentfcaton and
avod carryng thngs that can be construed as ncrmnatng.
in7. case you are arrested, partcularly n publc places, see to
t that people know that you are beng arrested by attractng
attenton to your arrest, and when possble shout your name
and person/s arrestng you or leave some sgn or anythng that
can dentfy you.
Avod8. establshng a pattern n your movements by avodng the
same routne everyday.
Do9. not stay outsde late at nght partcularly n places that are notfamlar to you or where no one knows you.
if10. you have relable nformaton that there s a plan or lkelhood
that you wll be abducted or klled, or f you feel that you are
under survellance, mmedately report ths nformaton to your
colleagues or frends, and do not mmedately go nto hdng.
Whle takng extra precautonary measures, ask your frends or
colleagues or lawyers to check on the exstence of a watch-lst
(Order of Battle), or f there s an arrest warrant aganst you,
of f there are cases fled aganst you and status of those cases.
When cases are stll n prelmnary nvestgaton, ask your lawyer
for advce.
if11. n your assessment, together wth your organaton, an arrest
or abducton can be deterred by publcng the threat, ask your
colleagues to publce your case as wdely as possble and
to ssue letters of concern on your case. There are numerous
human rghts organatons that could ntervene and support on
your behalf.
Regularly12. update your frends on your whereabouts.
Do13. not dscuss senstve nformaton on your cell phone, ether
through call or SMS, as t may be montored.
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WHAT TO DO if You Beleve There is A Threat to Your Communty or
Communty-Based Organsatons
Wth the Republc Act No. 855129 whch amended RA 6975 and Executve
Order 546 (August 2006)30, the jont operatons of the AFP and the PNP
n nternal securty, peace and order, has been legaled. As observed byPhlp Alston, the UN Specal Rapporteur on Extrajudcal, Summary or
Arbtrary Executons31, the Phlppne governments approach to securty
threats partcularly from communsts have turned from negotaton to
counternsurgency. And the mltarys counternsurgency strategy aganst
the CPP/NPA/NDF ncreasngly focused on dsmantlng cvl socety
organatons that are purported to be alled wth communsts. Note that
membershp n the Communst Party of the Phlppnes (CPP) s legal
snce 1992 when Congress repealed the Ant-Subverson Act (RA 1700).As Alston reported to the UN Human Rghts Councl, the campagn of
vlfcaton of, the enforced dsappearance of or kllng of actvsts or
leaders of local organatons nstlled fear n the communtes, and such
attacks led to some dsntegraton of organed cvl socety.
When your organaton s faced wth a stuaton lke ths,
if1. there s a sudden ncrease n the number and presence of
armed groups n your communty n the absence of reasons that
may warrant t (declaraton of state of emergency or martal law),
stay alert and nqure quetly on the `reason of such presence.
if2. communty organaton/s exst/s, convene the leaders of your
organaton/s to assess the stuaton and to decde f acton
should be taken. if you are not sure, on the detals of such
sudden deployment, you can do the next step.
29 RA 8551 Act Providing For The Reform And Reorganization Of The Philippine National Police And For Other Purposes ,establishes
the role and function of the Police in support of AFPs principal role in the internal security of the country by suppressing insurgency and
other threats to national security30 EO 546 signed by Mrs. Gloria Arroyo directs the PNP to undertake active support to the Armed Forces Of The Philippines in Internal
Security Operations For The Suppression Of Insurgency And Other Serious Threats To National Security, it also authorized the PNP to
deputize the barangay tanods as force multipliers in the implementation of the peace and order plan in the area.31 UN General Assembly Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Philip Alston. Addendum
mission to (the) Philippines (A/HRC/8/3/Add.2 of 16 April 2008 and A/HRC/11/2/Add.8 of 29 April 2009)
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inqure3. and/or ask for a dalogue wth your barangay charperson
on the objectves of armed groups deployment or encampment
n your barangay. You may rase your organatons concern
durng the dalogue. Report to your membershp and ask them
to gve feedbacks on the new stuaton.
if4. elements of armed groups start conductng a house to
house vst, or a census askng for the member/s of any
communty, peoples or partylst organatons that members
may feel ntmdated or threatened to rase ther concern even
at the barangay level, seek the support of a lawyer or other
organaton/s outsde your communty. A follow-up dalogue
can agan be requested or conducted, wth the support of other
human rghts organatons or ndvduals of stature such aschurch leaders or other sympathetc publc offcals.
if5. ncdents of harassments, ntmdatons or others threat to
personal safety of communty leaders have occurred, you can
choose to do any of the followng or both: 1) fle a complant at
the CHR and seek ther nterventon; 2) publce the ncdents
through the help of networks of human rghts organatons to
deter any possblty of commttng more volatons; 3) conduct a
dalogue wth the LGUs concerned and ask for ther nterventonto stop any volatons; and 4) f perpetrators are dentfed, fle a
case at the regular courts. Other natonal organatons whom
you ask for support can also advse the local communty of any
other possble actons.
if6. armed group operatons (holdng forums or nterference n
labour affars) are n the workplace, (plantaton, farms, factores
etc), and the unon exsts, mmedately seek a dalogue wth youremployer and ask for explanaton. Tell the employer the effect
of such operatons on your membershp and entre organaton
and seek mmedate soluton.
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Send7. a letter and request a dalogue wth the Department of
Labor and Employment (DOLE) to report the ncdents and
mpact on your organaton, or check f they have knowledge on
such operatons. Smlar to the above, ask them for an mmedate
soluton to your concerns.
if8. n your assessment, publcty s a good opton as deterrent
to human rghts volaton, and your organaton s not capable
of dong that, seek the support of other organatons. There
are many of them at the natonal or nternatonal level who are
wllng to help and launch a campagn on your behalf.
You9. can also decde other actons mentoned n paragraph 4.
WHAT TO DO in Emergency Stuatons Or Deployment of QRTs (Quck
Response Teams)
in urban or town centres, ths stuaton often ncludes volent evctons of
slum communtes or street vendors, dspersal or breakng up of protest
ralles or demonstratons, labor strkes that results n njures, arrests and
subsequent detenton. Other ncdents whch may happen both n rural
and town centres nclude summary or extrajudcal kllngs, abductonand subsequent dsappearance, forced entry nto the homes or offces,
serous threats such as stalkng or houndng of another HR defender or
ther famly or ther organatonal members by suspcous ndvduals or
groups on unmarked vehcles etc.
When you or your organaton s called to respond to any of these
ncdents, do the followng:
Do1. not panc, ask the caller about the name of the vctm orlocaton and tme where the ncdent took place and report t to
your organaton or offce.
Verfy2. the nformaton, f you are n the area where the ncdent
took place, establsh contact wth your colleagues n the area
and tell them that you are close. Do not mmedately go to the
area alone (especally n case of abducton and dsappearance)
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and start askng queston. if you are not n the area where the
ncdent happen, contact your pont persons or correspondent n
the area, ask them f they are aware of such ncdent/ or contact
the organaton where the vctm/s belong.
if3. the report s verfed to be true, take your next steps.
3.1 if the ncdent nvolves extrajudcal kllngs, abducton or
possblty of subsequent dsappearance:
. Get as many detals as possble from your contact
person/s to help you n gettng meda attenton or
organng a QRT (Quck Response Team of 3 or more
persons and Fact-Fndng Msson). Before a QRT leaves,
make sure that someone wll coordnate wth the meda,
other lawyers and do other lason work wth dfferent
nsttutons
. For QRT dspatch, prepare all your logstcs
(transporaton, money documentaton materals, etc) and
people. Decde and clarfy specfc desgnaton of task
to each team member and the structure or processes
how the QRT/FFM wll be carred out. The objectve sto revew the crcumstances, ascertan facts surroundng
the ncdent, detals of the ncdent ncludng the possble
perpetrators, gather evdence and look after the securty
and safety of vctms famly members
. For alleged abductons, prepare yourself to vst mltary
camps or polce statons f there are ndcatons or
wtnesses that the perpetrators are from the state
securty forces. immedately establsh contact wth thenearest CHR feld offce.
v. When you arrve at the crme scene, ahead of the polce,
do not touch, step or move anythng snce these are
potental evdences whch maybe tampered wth your
bare hands or footsteps. You may photograph or sketch
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the place or scene as potental evdence. Do not pck up
thngs and prevent others from dong so. Remember
that you are not the ofcialcrime scene investigator,
respect and secure the crime scene. Prevent others
from spoiling the crime scene.
v. Regularly update your man offce or organaton on the
progress of your msson and document every event or
progress or non-progress of your msson, the teams
observatons and analyss.
3.2 if the ncdent nvolves volent evcton n slum communtes or n
streets, resultng to njures and you are far from the area, advce
your contact person to provde some frst ad treatment and when
necessary brng the vctms to the hosptal. Whenever possble,brng them n publc hospotal and later ask for a medco-legal
examnaton. When treatment s done, ask the doctor to gve you
a copy of the medco-legal certfcate that wll detal the nature
and extent of njures of the vctms.
if the vctm has already rested, ntervew hm or her on the
detals of the ncdent and advse them, record the ntervew and
tell hm/her that t s best that a sworn statement s executed.Prepare a draft of the sworn statement and let the vctm read t
before t gets fnaled and later notared to make sure that your
understandng of the facts are accurate. Both the certfcate and
the sworn statement have legal purpose, n case the vctm later
decde to fle a case or reply to a case fled
3.3 if the ncdent nvolves arrest and detenton, and there s
no mmedately avalable lawyer to assst, you may act as a
paralegal. Get the names of all the arrested persons from yourcontact persons. Wth the other QRT members, follow those
arrested to the polce staton to make sure that no volaton of
rghts of the arrested person/s wll happen and the polce are
remnded about the rghts of the arrested and ther responsblty
to the former:
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Dvde. the team members nto dfferent tasks: a)
as negotator wth the authorty, b) one who wll
talk and attend to the needs of the arrested, and to
nform of ther rghts, and later ntervew them; c)
documentor;
At. the polce staton, ntroduce yourself and
organaton that you represent and ask for the
staton chef or offcer-n-charge.
Tell. them about your objectve: that you were
called concernng the arrested person/s and ask
f any charge has been fled. Ask the permsson
of the offcer-n-charge before you or any other
QRT member talk or ntervew the vctms. Take
the statements, as detaled as possble from thearrested and nform them that t wll be used for ther
affdavts; other team members may focus on the
well-beng of the arrested, lke provson of water or
food when necessary.
ifv. no case has been fled, try to negotate
dplomatcally to get the arrested released wthout
charges, or f one of your team members s a lawyer
or trusted or promnent ndvdual, ask them f
custody of the arrested can be gven to them. Ths
happens occasonally f you are able to explan to the
polce or arrestng offcer the crcumstances why the
arrested and other communty members ressted or
protested and appeal for ther understandng. Avod
beng antagonstc n talkng wth the authortes,
often t does not help and n some cases, t speeds
up the process of flng charges aganst the arrested.Remember that your objectve s negotatng the
release wthout charges.
ifv. the case has been fled, and a lawyer s requred
durng the nquest procedure, call your lawyer.
When the lawyer/s arrves, orent them on what
transpred and consult wth them on the next steps.
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Whle watng for the nquest to happen, convene
your QRT team to assess the assgned tasks and
prepare the affdavt/s of the arrested. Normally, n
cases lke ths, the role of QRT team ends when the
arrested are released ether on bal or for further
nvestgaton.
ifv. you dont know where the polce keeps the arrested
person, call the nearby polce statons where the
reported ncdent happened, and nqure f that
person you are lookng for s under ther custody.
if after callng all the statons, the whereabouts of
the person arrested s stll unknown, try precnct or
jal vstatons to personally dentfy the arrested or
mssng person. Brng someone along who knowspersonally the sad person, preferably n coordnaton
wth the Commsson on Human Rghts who has the
authorty to conduct jal and detenton vsts. When
you fnd who you are lookng for, then advce hm/
her on the stuaton and hs/her legal rghts, as
prevously dscussed.
inv. all nstances, make sure you document or record
the detals.
3.4. Basc requstes for QRT members.
Make. sure you are physcally ft, so that you wll not
gve addtonal concern to the team and that you wll
not be a subject of another QRT. it s not advsable that
defenders who have some heart-related alments jon
the QRT operatons partcularly n cases of EJK anddsappearances.
You. have completed a basc paralegal tranng.
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Be. creatve and flexble n handlng every stuaton
even f you have mapped out a fantastc plan, be
prepared to make an adjustment when the stuaton
warrants t.
Bev. cool, not aggressve but bold and vglant Although t s often dffcult to stay calm, try your best,
and make sure that all your senses are n ther best.
Be keen on every detal especally f you are n a new
envronment.
Actv. and dress respectably Stay away from your
favourte worn-out jeans, shrt wth your favourte
poltcal or socal statement and sneakers or your
rally attre, when gong to polce statons or camps.in a socety where appearance matters to gan proper
attenton or respect, whether t s rght or wrong, t
s best to dress approprately. Shrts wth poltcal
statements also nvte attenton when you dont need
t.
Bev. dscplned, relable and dependable Come on
agreed tme, not too early and not late. Always value
the team unty hghly. Do not make or execute any plan,no matter how excellent t s wthout consultaton wth
the rest of the team members as ths may jeoparde
the securty and safety of the QRT and the vctms you
are respondng to. Always seek the opnon or dea of
other team members when you need to decde on the
spot and be quck to share yours. Abde by the rules
you have prevously agreed. Be patent, untl the Team
fnshes ts msson and youre all back home safely.
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DOCUMENTATION: WHY IS IT NECESSARY AND HOW TO DO IT
Document and montor your case, the ncdent you have responded to or
followng up. Human rghts volatons can only be effectvely addressed
f prompt, proper and accurate documentaton exst. Documentaton s
essental for any future legal acton or remedy. it can help wn or defeata court case. Documentaton s also an effectve tool for advocacy. it can
provde a stuaton analyss, detalng the context, pattern or trends n
human rghts volatons, and reflectons on the weakness or strength of
responses or exstng mechansms.
As HRD, t s mperatve that you do documentaton. Do not worry,
documentaton can be as easy as 1, 2, and 3 especally f you take t as
part of your day-to-day work.
You can document n varous formats:
textual1. or the wrtten format, it can start from a fact sheet whch
contans answers to basc questons:
what. - the ncdent or case s all about,
when. - date and tme t happened, f the case s contnung,
provde a chronology of events.
wh. o - vctms names, ages, gender, organatonal
afflaton f any and perpetrator- names, gender command
or staton they belong to, organatons
wherev. - exact locaton where ncdent or case happened,
street #, vllage or barangay, town or cty, provnce,
regon)
whyv. - motve, analyss of the possble reason why the
ncdent occurred, and crcumstances surroundng thencdent
howv. - manner by whch the volaton has been commtted;
f there are gunshot or stab wounds for example, specfy
how many gunshot / stab wounds and body parts ht
backgroundv. - nformaton on the nature of work of the
vctm, ssues she/he advocate and ncdents that could
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be related to the present case.
Actonsv. taken f there s any and the result/s of such
acton, ncludng mpact on the vctm, hs/her famly
members and communty
Updatex. - development or progress of the case from the
tme of your frst documentaton. Ths s very mportant n
a contnung case.
Datex. - do not forget to put a date when your document
was wrtten and the person responsble for wrtng t.
vsual2. take photo or vdeo or make a sketch when you have
no other equpment. Agan, f you arrve n the place of ncdent,
mmedately take photographs or vdeo footages or make
sketches. in takng vdeo, ask your colleague to dentfy the placeand the vctm and the date whle you are takng the vdeo so
everythng wll be put on record. Ask hm or her to state her name,
organaton before spewng out the detals. The same, f you are
ntervewng a wtness. Do not edt your vdeo footages. Edted
vdeo footages are not admssble as evdence.
if you are n a hgh rsk area, fnd a way to send or transmt your
photos and vdeos to your organatons offce or create backupcopes, n case an untoward ncdent happens that may
result to a loss of your recordngs.
audo3. ths s useful when you are n stuaton
that takng pctures s not possble or n recordng
conversaton over the phone whch can cause you to
feel harassed or threatened.
Part of a contnung case documentaton, s gatherngevdence that may support the case: object, documentary
or testmonal etc. Examples of documentary evdence
are polce blotter or report, medco-legal certfcate,
publcatons, court documents, and the lke, and
affdavts (testmonal).
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it s also necessary that you montor and record the progress or
non progress of the case or ncdent you have frst documented.
if the case s fled n court, get an update. Ths s partcularly
mportant f you are dong advocacy n support of the case,
because your network wll expect you to gve a regular update
and advce for further acton, f necessary or untl the case sfnshed or settled.
if you have some dffcultes n establshng a QRT, or performng
as paralegals, or dong systematc documentaton, organe
specfc tranng sessons on these concerns or does not have
access to ths tranng, request assstance from other human
rghts or servce organatons n your network or regon.
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At the end of ths handbook, we have compled a lst of networks nvolvng the
State and cvl socety whch may be useful n the dfferent aspects of work of
a human rghts defender.
IMPORTANT CONTACT POINTS
NATiONAL iNSTiTUTiONS:1. Commsson on Human Rghts of the Phlppnes
Commonwealth Avenue, Dlman, Queon CtyTelefax: (632) 929 0102Hotlne: (632) 377 2477
Emal: [email protected]
Contact person: Hon. Loretta Ann Etta P. Rosales, Charperson
2. Phlppne Natonal PolceHuman Rghts Affars OffceCamp Crame, Queon Cty
Telefax: (632) 723 0401 loc. 3668Emal:[email protected]
NON-GOVERNMENT ORGANizATiONS
1. Center for Trade Unon and Human Rghts, inc (CTUHR)702 Culmat Bldg, 127 E. Rodrgue AvenueQueon cty, 1112 PhlppnesTelefax No. 632.4110256; Hotlne: 0910.3801897Emal:ctuhr.manlagmal.com or [email protected]
webste: www.ctuhr.org
Contact person: Dasy Arago, Executve Drector2. Prolabor Legal Assstance Center (PLACE)
33-B E. Rodrgue AvenueQueon ctyTelefax: 02.4134561
Emal:[email protected]
Contact person: Atty Remgo Saladero Jr, Charperson
3. Vsayas insttute for Human Development Agency (ViHDA)Door 8, 3rd Floor, AJ Sol Bldg
Junquera Street, Cebue ctyTelephone 032.2548760
Contact person: Ms. Dvna Malcay, Executve Drector4. Nonoy Lbrado Development Foundaton, inc (NLDFi)
O85 Garnet Street, Phse 1, Coutrysde Vllage,Bangkal, Davao CtyTelephone no. (082) 296 -0767Emal address: [email protected]
Contact person: Ms. Emma Rcaforte, Executve Drector
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