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

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<strong>Human</strong> <strong>Rights</strong>-<strong>Based</strong> <strong>Intelligence</strong> <strong>Operations</strong> Neglect of Duty under the Doctrine of “Command Responsibility” The Commander shall be held accountable for the neglect of duty if he has knowledge that a crime or offense is to be committed, is being committed, or has been committed by his subordinate, or by others within his area of responsibility and, despite such knowledge, he did not take preventive or corrective action either before, during or immediately after its commission.(Section 1, Executive Order 226) Presumption of Knowledge A Commanding Officer is presumed to have knowledge of the commission of irregularities or criminal offenses within his area of responsibility in any of the following circumstances: 1. When the irregularities or illegal acts are widespread within his area of jurisdiction; 2. When the irregularities or illegal acts are repeatedly or regularly committed within his area of responsibility; or 3. When members of his immediate staff or office personnel are involved. [Section 2, Executive Order 226] Command Responsibility under RA 9851 Sections 8-12, RA 9851 provide that a superior shall be criminally responsible as a principal for crimes committed by subordinates under his/her effective command and control, or effective authority and control, as a result of his/her failure to properly exercise control over such subordinates, where: 1. He/she either knew or, owing to the circumstances at the time, should have known that his/her subordinates were committing; and, 2. He/she failed to take all necessary and reasonable measures within his/ her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution. (Section 10, RA 9851) Duties of the Commanding Officer 1. Undertake Corrective Measures on any Misconduct Committed by AFP Personnel Commanders shall ensure that all participants in security operations shall be briefed and debriefed before and after every operation to insure proper behavior of personnel and understanding of their mission as well as to assess the overall impact of the operation to AFP goals and objectives and whenever necessary immediately undertake corrective measures on any misconduct committed by AFP personnel. (DND/ DILG Joint Circular Number 2-91 dated September 9, 1991) 17
Guidebook 2. Take Custody of Erring Personnel Upon receipt of an adverse report indicating that military personnel under his command committed a serious offense, the commander shall immediately take custody of subject military personnel subject to the provisions of EO 106, s-37, and cause the expeditious conduct of investigation of such report by an appropriate investigating officer, if he is not yet under the custody of the police or the regular courts. (Para 4d of GHQ Letter-Directive on Commander’s Responsibility on Criminal and Administrative Cases Involving Military Personnel dated Oct 13, 2001) All human rights-related incidents allegedly committed by members of the AFP in the course of security operations shall be immediately investigated and, if evidence warrants, charges shall be filed in the proper courts. Reports of investigation as well as actions taken shall be submitted to GHQ fifteen (15) days after receipt of information about the alleged human rights violation. (DND/DILG Joint Circular Number 2-91 dated September 9, 1991) 3. Order the Arrest and Confinement or Restriction of Offenders To immediately order the arrest and confinement of military personnel who commit, are actually committing, or have been charged for committing a grave offense pursuant to Articles of War # 70 - Arrest and Confinement. If arrest or confinement is made without prior investigation or formal charges filed immediately upon arrest or confinement, investigation shall be initiated and completed not later than eight (8) calendar days after the arrest and confinement to determine the existence of prima facie evidence to justify his continuous confinement, restriction to limits or custody under a responsible officer. (Para 4b of GHQ Letter- Directive on Commander’s Responsibility on Criminal and Administrative Cases Involving Military Personnel dated Oct 13, 2001) Disciplinary Punishment The imposition and enforcement of a disciplinary punishment for any act/omission that resulted in a human rights violation is a Commander’s responsibility. Failure to punish the offender means that he tolerated the act of his subordinates. It is vital that disciplinary punishment should be imposed in case of a violation. The imposition of punishment growing out of the same act/omission shall not be a bar to trial by court-martial if higher authorities have a reasonable ground to believe that the offender is not properly punished. No offender shall be punished until a thorough and impartial investigation has been conducted. This investigation shall include inquiry as to the truth of the matter, consideration of all circumstances present and recommendation made in the interest of justice and discipline. 18
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
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Page 9 and 10: Office of the Deputy Chief of Staff
Page 11 and 12: Table of Contents Chapter 3 <strong
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Page 15 and 16: 1.1 Bill of Rights
Page 17 and 18: 1.2 Universal Declaration of <stron
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Page 21 and 22: Guidebook The Philippine government
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Page 33 and 34: Procedures in Apprehending or Chall
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Page 41 and 42: Guidebook The recommended actions i
Page 43 and 44: Guidebook 4. He must be informed th
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Page 47 and 48: Guidebook Mental/Psychological Tort
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