By Czarina Nicole Ong Ki
Not everybody has access to lawyers, and not everybody has a full grasp of rights when they deal with the police and other law enforcement agencies. So what should people do in the event of an arrest?
The Commission on Human Rights (CHR) does not want people to remain clueless in their dealings with the police as it provided infographics on "Mga Dapat Gawin Kung Ikaw Ay Naaresto (What to Do If You Are Arrested)."
"Tandaan na ang mga naaresto o mga akusadong under arrest ay may mga karapatan na dapat galangin ng mga awtoridad, (Remember that those arrested and accused have rights that authorities need to respect," the CHR wrote on Twitter.
"Dapat mayroon pa ring paggalang sa dignidad ng isang indibidwal, kabilang dito ang siguraduhing hindi sila makakaranas ng torture o anumang 'di makataong pagtrato (There should also be respect for the dignity of the individual, so they should ensure that the individual will not experience torture or any ill-treatment)," it added.
The CHR said that authorities first need to inform individuals being arrested why they are being detained. Authorities should likewise present warrants of arrest, which individuals should thoroughly read and understand.
During the investigation, the CHR said individuals under arrest have the right to remain silent and have a lawyer present. The lawyer, in turn, can inform family or relatives of the situation at hand.
The CHR stressed that there should be no use of torture or force during the investigation. Police authorities should never sow fear or threaten those who are under arrest, nor should they make use of solitary confinement or hidden jails.
In the event that the police do disregard these human rights, the CHR said that whatever confession or evidence they obtain should be deemed as inadmissible. "Hindi dapat tanggaping ebidensya laban sa iyo ang ano mang pagtatapat o pag-amin na pwersahan at labag sa iyong kalooban, (They should not use as evidence against you any confession obtained through the use of force or anything against your will)," the CHR said.
Before individuals are released or moved to a different jail, the CHR said that they have the right to medical consultation - either from a doctor of their own choice or a doctor from the nearest public hospital.
People under arrest also have the right to post bail. However, there are instances when bail is not allowed - when the person under arrest is being punished under reclusion perpetua, or when the evidence against the person is strong.
"Ang sapat na kaalaman at mahalagang depensa para mapangalagaan ang iyong karapatan at dignidad lalo na kapag nahaharap sa mga kritikal na sitwasyon katulad ng pagkaaresto (Sufficient knowledge is an important defense in order to uphold your rights and dignity especially when confronted with critical situations such as an arrest)," the CHR said.