Human Rights-Based Intelligence Operations - Commission on ...

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CHAPTER 2 Adherence to <strong>Human</strong> <strong>Rights</strong> & International <strong>Human</strong>itarian Law 15
2.1 Accountability in <strong>Human</strong> <strong>Rights</strong> Violations: Command Responsibility Command Responsibility refers to the “accountability or responsibility of the commander of a military force or unit for the acts of his men, inclusive of the authority to order, direct, prevent or control the acts of his men.” (People v Lucero, et. al, GR No. 64323- 24, May 31, 1999) The term “commanders” refers to the following: Major Service Commanders, Area Commanders, Division Commanders, Brigade Commanders, Battalion Commanders, Company Commanders, Platoon Leaders and Detachment Commanders and their equivalent in the PN, PAF and AFPWSSUs. (GHQ, AFP Directive on Strict Adherence to the Doctrine of Command Responsibility, issued on 04 February 2007) AFP commanders at all levels shall retain command responsibility over all their personnel, units, and offices detached and placed under operational control of other commands, officers and agencies. (Sec. 5, Administrative Order 219 – Oct 4, 1995) <strong>Human</strong> <strong>Rights</strong> matter is a command responsibility. Commanders who are proven, through due process, to have countenanced human rights abuses by way of summarily dropping complaints, intimidating the complainant and/or witnesses, “cover-up” of the incidents, failure to report to superiors, and/or shows inaction on the complaint, shall be held accountable either as conduct unbecoming an officer or as accessory. (GHQ, AFP Guidelines on <strong>Human</strong> <strong>Rights</strong> and Improvement of Discipline, issued on January 2, 1989) Commanders shall be responsible for the conduct and behavior of AFP personnel under their control and supervision. They will be held accountable under pertinent provisions of the Articles of War, or as accessory after the fact in cases where they refuse to act, delay or otherwise aid or abet the wrongdoing of their subordinate who is the subject of a valid complaint or warrant of arrest. (DND/DILG Joint Circular Number 2-91 dated September 9, 1991) Under the Doctrine of “Command Responsibility”, a commander is dutybound to closely monitor, supervise, direct, coordinate, and control the overall activities of his subordinates within his area of operations, and can and shall be held administratively accountable for neglect of duty in taking appropriate action to discipline his men. (Executive Order Nr 226, 17 February 1995) 16
Page 1 and 2: ARMED FORCES OF THE PHILIPPINES Cam
Page 3 and 4: A C K N O W L E D G M E N T The Pro
Page 5 and 6: Human Righ
Page 7 and 8: Republic of the Philippines Departm
Page 9 and 10: Office of the Deputy Chief of Staff
Page 11 and 12: Table of Contents Chapter 3 <strong
Page 13 and 14: AFPCARES Adherence to International
Page 15 and 16: 1.1 Bill of Rights
Page 17 and 18: 1.2 Universal Declaration of <stron
Page 19 and 20: Guidebook The Human</strong
Page 21 and 22: Guidebook The Philippine government
Page 23 and 24: Guidebook any kind, or to removal o
Page 25: Guidebook 2. Exercise utmost restra
Page 29 and 30: Guidebook 2. Take Custody of Erring
Page 31 and 32: Guidebook 5.The right to substantiv
Page 33 and 34: Procedures in Apprehending or Chall
Page 35 and 36: Guidebook 4. To determine the cause
Page 37 and 38: 3.1 Guiding Principles in I
Page 39 and 40: 3.2 Rules of Behavior in Support to
Page 41 and 42: Guidebook The recommended actions i
Page 43 and 44: Guidebook 4. He must be informed th
Page 45 and 46: Guidebook Human Se
Page 47 and 48: Guidebook Mental/Psychological Tort
Page 49 and 50: 3.5 Guidelines on the Use of Firear
Page 51 and 52: Guidebook 6. All appropriate steps
Page 53 and 54: PROJECT MANAGEMENT TEAM (PMT) MGEN

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