As an organization concerned with the victims of human rights abuses, Amnesty International Pilipinas welcomes the Philippine Supreme Court’s formulation of the rule governing the Writ of Amparo and its promulgation before the 62nd anniversary of the United Nations on October 24.
Amnesty International believes that the implementation of this measure is a positive indication of the Philippine Judiciary’s commitment to ensure that enforced “Disappearances” and Extra Judicial Executions will not be tolerated. As signatory to the International Covenant on Civil and political Rights and its first Optional Protocol, the Philippine government should truly fulfill their obligation to protect the human rights of its citizens by ensuring the full implementation of relevant provisions of these and other international instruments including the UN Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Execution and the UN Declaration on the Protection of All Persons from Enforced Disappearance.
Amnesty International calls on the Philippine government to adopt its 14-Point Program for the Prevention of “Disappearances” and Extra Judicial Executions.
Amnesty International’s 14-Point Program for the Prevention of “Disappearances”
The “disappeared” are people who have been taken into custody by agents of the state, yet whose whereabouts and fate are concealed, and whose custody is denied. “Disappearances” cause agony for the victims and their relatives. The victims are cut off from the world and placed outside the protection of the law; often they are tortured; many are never seen again. Their relatives are kept in ignorance, unable to find out whether the victims are alive or dead.
The United Nations has condemned “disappearances” as a grave violation of human rights and has said that their systematic practice is of the nature of a crime against humanity. Yet thousands of people “disappear” each year across the globe, and countless others remain “disappeared”. Urgent action is needed to stop “disappearances”, to clarify the fate of the “disappeared” and to bring those responsible to justice.
Amnesty International calls on all governments to implement the following 14-Point Program for the Prevention of “Disappearances”. It invites concerned individuals and organizations to join in promoting the program. Amnesty International believes that the implementation of these measures is a positive indication of a government’s commitment to stop “disappearances” and to work for their eradication worldwide.
1. Official condemnation
The highest authorities of every country should demonstrate their total opposition to “disappearances”. They should make clear to all members of the police, military and other security forces that “disappearances” will not be tolerated under any circumstances.
2. Chain-of-command control
Those in charge of the security forces should maintain strict chain-of-command control to ensure that officers under their command do not commit “disappearances”. Officials with chain-of- command responsibility who order or tolerate “disappearances” by those under their command should be held criminally responsible for these acts.
3. Information on detention and release
Accurate information about the arrest of any person and about his or her place of detention, including transfers and releases, should be made available promptly to relatives, lawyers and the courts. Prisoners should be released in a way that allows reliable verification of their release and ensures their safety.
4. Mechanism for locating and protecting prisoners
Governments should at all times ensure that effective judicial remedies are available which enable relatives and lawyers to find out immediately where a prisoner is held and under what authority, to ensure his or her safety, and to obtain the release of anyone arbitrarily detained.
5. No secret detention
Governments should ensure that prisoners are held only in publicly recognized places of detention. Up-to-date registers of all prisoners should be maintained in every place of detention and centrally. The information in these registers should be made available to relatives, lawyers, judges, official bodies trying to trace people who have been detained, and others with a legitimate interest. No one should be secretly detained.
6. Authorization of arrest and detention
Arrest and detention should be carried out only by officials who are authorized by law to do so. Officials carrying out an arrest should identify themselves to the person arrested and, on demand, to others witnessing the event. Governments should establish rules setting forth which officials are authorized to order an arrest or detention. Any deviation from established procedures which contributes to a “disappearance” should be punished by appropriate sanctions.
7. Access to prisoners
All prisoners should be brought before a judicial authority without delay after being taken into custody. Relatives, lawyers and doctors should have prompt and regular access to them. There should be regular, independent, unannounced and unrestricted visits of inspection to all places of detention.
8. Prohibition in law
Governments should ensure that the commission of a “disappearance” is a criminal offence, punishable by sanctions commensurate with the gravity of the practice. The prohibition of “disappearances” and the essential safeguards for their prevention must not be suspended under any circumstances, including states of war or other public emergency.
9. Individual responsibility
The prohibition of “disappearances” should be reflected in the training of all officials involved in the arrest and custody of prisoners and in the instructions issued to them. They should be instructed that they have the right and duty to refuse to obey any order to participate in a “disappearance”. An order from a superior officer or a public authority must never be invoked as a justification for taking part in a “disappearance”.
10. Investigation
Governments should ensure that all complaints and reports of “disappearances” are investigated promptly, impartially and effectively by a body which is independent of those allegedly responsible and has the necessary powers and resources to carry out the investigation. The methods and findings of the investigation should be made public. Officials suspected of responsibility for “disappearances” should be suspended from active duty during the investigation. Relatives of the victim should have access to information relevant to the investigation and should be entitled to present evidence. Complainants, witnesses, lawyers and others involved in the investigation should be protected from intimidation and reprisals. The investigation should not be curtailed until the fate of the victim is officially clarified.
11. Prosecution
Governments should ensure that those responsible for “disappearances” are brought to justice. This principle should apply wherever such people happen to be, wherever the crime was committed, whatever the nationality of the perpetrators or victims and no matter how much time has elapsed since the commission of the crime. Trials should be in the civilian courts. The perpetrators should not benefit from any legal measures exempting them from criminal prosecution or conviction.
12. Compensation and rehabilitation
Victims of “disappearance” and their dependants should be entitled to obtain fair and adequate redress from the state, including financial compensation. Victims who reappear should be provided with appropriate medical care or rehabilitation.
13. Ratification of human rights treaties and implementation of international standards
All governments should ratify international treaties containing safeguards and remedies against “disappearances”, including the International Covenant on Civil and Political Rights and its first Optional Protocol which provides for individual complaints. Governments should ensure full implementation of the relevant provisions of these and other international instruments, including the UN Declaration on the Protection of All Persons from Enforced Disappearance, and comply with the recommendations of intergovernmental organizations concerning these abuses.
14. International responsibility
Governments should use all available channels to intercede with the governments of countries where “disappearances” have been reported. They should ensure that transfers of equipment, know- how and training for military, security or police use do not facilitate “disappearances”. No one should be forcibly returned to a country where he or she risks being made to “disappear”.
This 14-Point Program was adopted by Amnesty International in December 1992 as part of the organization’s worldwide campaign for the eradication of “disappearances”. Similar programs are available on the prevention of torture and extrajudicial executions.
Amnesty International’s 14-point Program for the Prevention of Extrajudicial Executions
1. Official condemnation
The highest authorities of every country should demonstrate their total opposition to extrajudicial executions. They should make clear to all members of the police, military and other security forces that extrajudicial executions will not be tolerated under any circumstances.
2. Chain-of-command control
Those in charge of the security forces should maintain strict chain-of-command control to ensure that officers under their command do not commit extrajudicial executions. Officials with chain-of-command responsibility who order or tolerate extrajudicial executions by those under their command should be held criminally responsible for these acts.
3. Restraints on use of force
Governments should ensure that law enforcement officials use force only when strictly necessary and only to the minimum extent required under the circumstances. Lethal force should not be used except when strictly unavoidable in order to protect life.
4. Action against “death squads”
“Death squads”, private armies, criminal gangs and paramilitary forces operating outside the chain of command but with official support or acquiescence should be prohibited and disbanded. Members of such groups who have perpetrated extrajudicial executions should be brought to justice.
5. Protection against death threats
Governments should ensure that anyone in danger of extrajudicial execution, including those who receive death threats, is effectively protected.
6. No secret detention
Governments should ensure that prisoners are held only in publicly recognized places of detention and that accurate information about the arrest and detention of any prisoner is made available promptly to relatives, lawyers and the courts. No one should be secretly detained.
7. Access to prisoners
All prisoners should be brought before a judicial authority without delay after being taken into custody. Relatives, lawyers and doctors should have prompt and regular access to them. There should be regular, independent, unannounced and unrestricted visits of inspection to all places of detention.
8. Prohibition in law
Governments should ensure that the commission of an extrajudicial execution is a criminal offence, punishable by sanctions commensurate with the gravity of the practice. The prohibition of extrajudicial executions and the essential safeguards for their prevention must not be suspended under any circumstances, including states of war or other public emergency.
9. Individual responsibility
The prohibition of extrajudicial executions should be reflected in the training of all officials involved in the arrest and custody of prisoners and all officials authorized to use lethal force, and in the instructions issued to them. These officials should be instructed that they have the right and duty to refuse to obey any order to participate in an extrajudicial execution. An order from a superior officer or a public authority must never be invoked as a justification for taking part in an extrajudicial execution.
10. Investigation
Governments should ensure that all complaints and reports of extrajudicial executions are investigated promptly, impartially and effectively by a body which is independent of those allegedly responsible and has the necessary powers and resources to carry out the investigation. The methods and findings of the investigation should be made public. The body of the alleged victim should not be disposed of until an adequate autopsy has been conducted by a suitably qualified doctor who is able to function impartially. Officials suspected of responsibility for extrajudicial executions should be suspended from active duty during the investigation. Relatives of the victim should have access to information relevant to the investigation, should be entitled to appoint their own doctor to carry out or be present at an autopsy, and should be entitled to present evidence. Complainants, witnesses, lawyers, judges and others involved in the investigation should be protected from intimidation and reprisals.
11. Prosecution
Governments should ensure that those responsible for extrajudicial executions are brought to justice. This principle should apply wherever such people happen to be, wherever the crime was committed, whatever the nationality of the perpetrators or victims and no matter how much time has elapsed since the commission of the crime. Trials should be in the civilian courts. The perpetrators should not be allowed to benefit from any legal measures exempting them from criminal prosecution or conviction.
12. Compensation
Dependants of victims of extrajudicial execution should be entitled to obtain fair and adequate redress from the state, including financial compensation.
13. Ratification of human rights treaties and implementation of international standards
All governments should ratify international treaties containing safeguards and remedies against extrajudicial executions, including the International Covenant on Civil and Political Rights and its first Optional Protocol which provides for individual complaints. Governments should ensure full implementation of the relevant provisions of these and other international instruments, including the UN Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, and comply with the recommendations of intergovernmental organizations concerning these abuses.
14. International responsibility
Governments should use all available channels to intercede with the governments of countries where extrajudicial executions have been reported. They should ensure that transfers of equipment, know-how and training for military, security or police use do not facilitate extrajudicial executions. No one should be forcibly returned to a country where he or she risks becoming a victim of extrajudicial execution.