HUMAN RIGHTS ASSESSMENT OF THE HUMAN SECURITY ACT OF 2007
QUINTIN B. CUETO III Commissioner of CHR;Powerpoint presentations at a Stakeholders Forum on Human Security Law
(Note: CHR was never part of the consultative body in the drafting of this law.-Quintin)
l Human Security Act is an exercise of police power
l Human Rights – restriction to police power
HOW IS Police Power EXERCISED UNDER HSA?
- Section 3 – definition of terrorism
a) Who determines “widespread and extraordinary fear and panic” – by jurisprudence, the Executive branch (President)
HOW IS Police Power RESTRICTED BY HR?
l Determination of factual necessity maybe subjected to judicial review, if the President committed grave abuse of discretion
HOW IS Police Power (PP) EXERCISED UNDER HSA?
- Surveillance, interception and recording of all forms of communication
HOW IS PP RESTRICTED BY HR?
l Procedural Safeguards:
– Written order from CA ( ex parte application)
– Written authority from ATC
– Judicial declaration – terrorist and outlawed organization, association, or group of persons
l Substantive Safeguards:
– Privileged communication
– Exercise by CA is discretionary NOT ministerial
l Determination of probable cause that terrorism or conspiracy to commit terrorism has been, or actually, or about to be committed,
l Probable cause of the existence of evidence necessary for conviction
l No other effective means readily available to obtain evidence
EXAMINATION of bank accounts,
deposits and records
- Examination of Bank Accounts, Deposits, and Records
HOW IS PP RESTRICTED BY HR?
l Maximum period of days in the discretion of the court (CA)
l Similar procedural and substantive safeguards as mentioned in conducting surveillance…
Detention without warrant of arrest
HOW IS PP RESTRICTED BY HR?
l Maximum of 3 days
l Actual arrest, before detention, presentation of suspect before any judge in the nearest place of arrest (office or residence)
l Upon detention – notice in writing to the judge of the court nearest to the place of arrest
l No arrest can be made without surveillance or examination of the suspect
DETENTION without warrant of arrest
- Detention under actual or imminent terrorist attack
HOW IS PP RESTRICTED BY HR?
l Maximum of 3 days subject to extension
l With the written authority of CHR, judge of any MTC, or RTC, Sandiganbayan, or CA Justice nearest the place of arrest
SECTION 55 ROLE OF CHR
The Commission on Human Rights shall give the highest priority to the investigation and prosecution of violations of civil and political rights of persons in relation to the implementation of this Act; and for this purpose, the Commission shall have the concurrent jurisdiction to prosecute public officials, law enforcers, and other persons who may have violated the civil and political rights of persons suspected of, or detained for the crime of terrorism or conspiracy to commit terrorism.
the WINNER IS….”
l Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of constitutionally recognized powers of the executive branch of the government. It is to be understood, however that the exercise of the constitutionally recognized powers of the executive department of the government shall not prejudice RESPECT FOR HUMAN RIGHTS which shall be absolute and protected at all times.
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