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> Penal Code and the special laws. No arrest shall be made based on mere suspicion or raw intelligence. 4. Protection and Welfare of All Persons in Custody Ensure the full protection and welfare of all persons in custody and take immediate action to secure medical attention whenever required. Arrested individual shall be treated humanely and accorded of all his/her rights. 5. Restrained Use of Force As much as possible, apply non-violent means before resorting to the use of force and firearms. Firearms shall never be used against persons except in self-defense or defense of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving imminent grave threat to life. 6. Monitor and Act on HR Violations. All intelligence units should include in their periodic reports all human rights violations monitored in their respective areas of operations. Said reports shall include specific data indicating: name of personalities involved; time and place and nature of violations; and actions taken by the unit. Presentation of the HR-BIO Guidebook by the former Chief of Staff, AFP, Gen Ricardo David, together with MGen Francisco N Cruz Jr, Deputy Chief of Staff for <strong>Intelligence</strong>, J2 to Loreta Ann P Rosales, Chairperson, <strong>Commission</strong> on <strong>Human</strong> <strong>Rights</strong> (CHR) during the <strong>Intelligence</strong> Family Conference on January 21, 2011 27
3.2 Rules of Behavior in Support to Law Enforcement <strong>Operations</strong> In law enforcement operations, the participation of intelligence units is limited to supporting the PNP and other law enforcement agencies. During law enforcement operation, the support role of an intelligence unit/personnel shall be limited to the confirmation of the person to be arrested and the place to be searched; serve as guide to the place where the operation is to be made; and helping the uniformed personnel and/or peace officer subdue the person to be arrested in case he/she resists the arrest. Gather information/evidence about illegal activities -Investigate to confirm involvement in illegal activities -Check for existing and valid Warrant of arrest (WA), if none, apply for WA -Apply for Search Warrant (SW) if there are illegal items in the possession of the person to be arrested -In serving of SW, AFP <strong>Intelligence</strong> personnel can have a supporting role. Only the PNP, NBI or other law enforcement agencies can conduct search and seizure Case conference with PNP and other Law Enforcement Agencies -Participating personnel shall be briefed on legal procedures and related legal consequences -Participating personnel will also be briefed on general and specific rules to the type of operations to be conducted Lateral coordination among the operating units and government agencies is a must -Coordination among operating units and other government agencies that have jurisdiction over the area to ensure and enhance immediate cooperation -Participating personnel will also be briefed on general and specific rules to the type of operations to be conducted Only the prescribed uniform or attire of respective units involved and countersigns agreed upon shall be worn during the operations -Use of countersign/identification is a must when civilian attire is used for operations not warranting the use of military uniform. All firearms to be used for the operation shall be covered by proper documents -Proper documents include Mission Orders (MO) and Memorandum Receipt (MR)/Acknowledgement Receipt of Equipment (ARE) -Unnecessary display of firearms outside of the area of engagement shall be avoided. 28
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 and 26: Guidebook 2. Exercise utmost restra
Page 27 and 28: 2.1 Accountability in Human
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
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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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Page 51 and 52: Guidebook 6. All appropriate steps
Page 53 and 54: PROJECT MANAGEMENT TEAM (PMT) MGEN

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