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2.3 Legal Remedies in Cases of Enforced Disappearances & Extra-Judicial Killings Writ of Habeas Corpus “Habeas corpus” is a Latin phrase which literally means “you have the body.” The writ is an order to the person in charge of someone’s detention to deliver the named person so that the court can investigate the legality of his imprisonment. Basically, it is a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place and explain the cause of his detention. The Writ of Habeas Corpus generally extends to all cases of illegal confinement or detention by which a person is deprived of liberty, or the rightful custody of a person is withheld from the person entitled to it. (http://phbar.org) Writ of Amparo The Writ of Amparo is of Mexican origin. Amparo means protection from the Spanish word “Amparar.” It is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official/employee, or of a private individual or entity. (http://en.wikipedia. org) The writ is issued in cases of extrajudicial killings and enforced disappearances or threats thereof. (Sec 1, Rule on the Writ of Amparo, A.M. No. 07-9-12-SC, 25 Sept 2007) In the event that the Writ of Amparo is issued against any member of the AFP, by the Supreme Court, Court of Appeals, Sandiganbayan or any Justice of such court, and the Regional Trial Court, the following rules of action shall be strictly followed by the units concerned as provided by the AFP Policy Directive on Actions and Defense under the Rule on the Writ of Amparo dated Dec. 17, 2007: 1. To verify the identity of the aggrieved party; 2. To recover and preserve evidence related to the death or disappearance of the person identified in the petition or whose right to life, liberty or security is threatened with violation of an unlawful act or omission as alleged in the petition that may aid in the prosecution of the person/s responsible; 3. To identify witnesses and obtain statements from them concerning the death or disappearance; 23
Guidebook 4. To determine the cause, manner, location and the time of death or disappearance as well as any pattern or practice that may have brought about the death or disappearance; 5. To identify and apprehend the person/s involved in the death or disappearance; and, 6. To bring the suspected offenders before a competent court. Writ of Habeas Data The Writ of Habeas Data is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or private individual. The writ of habeas data enables the petitioner to invoke the right to privacy and right to information. In Latin America, the writ has been used to enable the petitioner to obtain information about himself from public or private records. This has been particularly useful in cases of extrajudicial killings and enforced disappearances as the families of victims could demand undisclosed information. In cases where data about the petitioner has been falsified, the petitioner can use the writ of habeas data to correct the data. The writ can also be used to invoke the right to privacy. The writ enables a person to know the purpose in which the data about himself is being collected. (A.M. No. 08-1-16 SC, Jan 22, 08 - The Rule on the Writ of Habeas Data) When a Writ of Habeas Data is served, the respondent shall observe the following: 1. The respondent shall file a verified written return together with supporting affidavits within five (5) work days from service of the writ, which period may be reasonably extended by the Court for justifiable reasons. 2. The return shall, among other things, contain the following: a. The lawful defenses such as national security, state secrets, privileged communication, confidentiality of the source of information of media and others; b. In case of respondent in charge, in possession or in control of the data or information subject of the petition: i. A disclosure of the data or information about the petitioner, the nature of such data or information, and the purpose for its collection; ii. The steps or action taken by the respondent to ensure the security and confidentiality of the data or information; iii. The currency and accuracy of the data or information held; and, c. Other allegations relevant to the resolution of the proceeding. (A.M. No. 08-1-16 SC, Jan 22, 08 - The Rule on the Writ of Habeas Data) 24
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