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| PNP Human Rights Violations; Tortures | |
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| Tweet Topic Started: Dec 12 2009, 02:19 PM (893 Views) | |
| Hitman | Aug 5 2011, 10:37 PM Post #21 |
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Member
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this maltreatment of suspects especially with petty crimes must stop. I an understand if the suspect is a serial killer. This type of behavior by law enforcement officers or agents are unprofessional and make them look bad no different from the criminals. One of the reason for this is the hazing practices in the academy. This has to stop too. what if the cadet dies or get seriously injured. this also shows the current state of backwardness of our mentality and culture. All this perpetrators of torture of prisoners and cadets should be fired and spend some time in jail. If the suspect is Abu Sayaf then maybe yes, they can be tortured to get information to a certain degree only but not kill. Abu Sayafs are death wish anyway. |
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| Fmr TOPP Awardee 82'PNP | Aug 6 2011, 08:02 AM Post #22 |
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PDFF Moderator
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Torture method of extracting confession/admission is a real gauge of hopelessness on the part of law enforcers who are task to investigate /interrogate suspected criminals. Not only that it violates the individual constitutional guarantee afforded to suspects on the principles of presumption of innocence until proven guilty, it is a useless exercise because evidence such as confessions/admissions obtained under duress is not admissible in court and so do with other evidences illegally produced. So what's the use of torturing suspects anyway ? In a police station, there is always the investigation section where trained investigators are to handle suspected criminals brought before the station for investigation. When a suspect/s are brought and recorded on the police blotter, the investigator now takes charge and if anything untoward happens to the suspect, it is the responsibility of the investigator on duty regardless of who committed the torture but it does'nt mean that the torturers are free from criminal liability. |
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| iced_man21 | Aug 6 2011, 08:35 AM Post #23 |
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Trainee
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Sir TOPP, I do not condone torture as a means of extracting information for prosecution purposes. But as we know law enforcement agents not only have to uphold the law, but they must also save lives of ordinary citizens that they are tasked to protect. It may seem obvious but there are times that these two may sometimes be contradicting. Consider this situation, you have a terrorist, a known bomber in custody. You already know that he has planted a bomb somewhere in the city and that is set to go off in an hour, possibly killing hundreds if not thousands of people. The suspect in custody is a known fanatic, trained to handle interrogation by police officers so that he will not divulge any information. The legal course of action is to use proper interrogation techniques, but with the knowledge that people are going to die if you fail to extract the information about the location of the bomb on time. Legal, but will anyone be able to live with the knowledge that people died on his watch? The laws we have are good, and wise and we should always respect them. But there are instances when we have to make a judgement call. Police officers are not blind dumb robots who must follow everything to the letter. Kaya nga may tinatawag na letter at spirit of the law diba sir? Minsan magkaiba sila, pero dapat mangibabaw ang good intent ng batas. That being said, yung mga examples ng torture dito sa topic na to ay dapat kondenahin. Pati yung violations ng military recently in the news, dapat parusahan to the fullest extent of the law. |
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| Fmr TOPP Awardee 82'PNP | Aug 6 2011, 12:55 PM Post #24 |
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PDFF Moderator
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Well, I'm sorry to say that "what ifs" cannot override the constitution. If there are urgent measures to be instituted to extract information associated with torture, law enforcers may do it but at their own perils of being prosecuted. How could they prosecute the suspect out of the facts taken from an offender under duress to confess when the court does'nt allow the evidence ? There is no such thing as "break the law to save lives" . The spirit and wisdom of the law is based on how it was written. That's what law books are for. ********************************************************************* Law enforcers investigating terror suspects are bound by Sec. 22 of the Anti-Terrorism Law extracts.... as follows: When suspects of the crime of terrorism or the crime of conspiracy to commit terrorism is apprehended or arrested and detained, he shall forthwith be informed, by the arresting police or law enforcement officers or by the police or law enforcement officers to whose custody the person concerned is brought, of his or her rights: (a) to be informed of the nature and cause of his arrest, to remain silent and to have competent and independent counsel preferably of his choice. If the person cannot afford the services of counsel of his or her choice, the police or law enforcement officers concerned shall immediately contact the free legal assistance unit of the Integrated Bar of the Philippines (IBP) or the Public Attorney’s Office (PAO). It shall be the duty of the free legal assistance unit of the IBP or the PAO thus contacted to immediately visit the person(s) detained and provide him or her with legal assistance. These rights cannot be waived except in writing and in the presence of the counsel of choice; (b) informed of the cause or causes of his detention in the presence of his legal counsel; © allowed to communicate freely with his legal counsel and to confer with them at any time without restriction; (d) allowed to communicate freely and privately without restrictions with the members of his family or with his nearest relatives and to be visited by them; and, (e) allowed freely to avail of the service of a physician or physicians of choice. SEC. 22. Penalty for Violation of the Rights of a Detainee. – Any police or law enforcement personnel, or any personnel of the police or other law enforcement custodial unit that violates any of the aforesaid rights of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall be guilty of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. Unless the police or law enforcement personnel who violated the rights of a detainee or detainees as stated above is duly identified, the same penalty shall be imposed on the police officer or head or leader of the law enforcement unit having custody of the detainee at the time the violation was done. |
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| lyzel_khan26 | Aug 6 2011, 01:38 PM Post #25 |
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"unfabulous..."
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.they have case about abuses in C.O.C.C/C.O.T.C, in highschool cadets training? |
| " A woman with a voice by definition a strong woman. But the search to find that voice can be remarkably difficult. It's complicated by the fact that in most nations women receive substantially less education than man." by: Melinda Gates | |
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| lyzel_khan26 | Aug 7 2011, 04:15 AM Post #26 |
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"unfabulous..."
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Failon Ngayon: TERROR TEACHER When children begin to go to school at ages as early as 4yrs/o., the parents entrust the teacher's to care for them and teach them what is right from wrong. This way, the teachers are viewed as the second parents to the children that they teach. The teachers role as second parents, is to educate children not only in subjects like english or mathematics, but also educate them in all aspects of life such as proper, courtesy and manners. While teachers have the right to reprimand their students, its almnst considered a sin for a teacher to lay their hands on their students,as well as verbally attack them. For m0re story click the link: http://www.abs-cbnnews.com/current-affairs...terror-teachers |
| " A woman with a voice by definition a strong woman. But the search to find that voice can be remarkably difficult. It's complicated by the fact that in most nations women receive substantially less education than man." by: Melinda Gates | |
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| Fmr TOPP Awardee 82'PNP | Aug 7 2011, 06:54 AM Post #27 |
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PDFF Moderator
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To instill discipline at school by employing corporal punishment on pupils is a criminal act. Teachers are absolutely prohibited from laying their hands on students who committed misdemeanor in the classroom. On this part, their task is only to monitor the behavior of the pupil and make a report to the principal or to the school administration as the case maybe. It is the school's obligation to call the attention of the parents concerned for a dialogue either at school or at the pupil's home. After the confrontation, parents will decide what do do with their wayward children. Truancy will be dealt with by the police. |
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| lyzel_khan26 | Aug 7 2011, 07:15 AM Post #28 |
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"unfabulous..."
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Sir. Topp, if the teacher have case abusing his/her student, they effect the all benefits of a public or maybe private as a teacher? |
| " A woman with a voice by definition a strong woman. But the search to find that voice can be remarkably difficult. It's complicated by the fact that in most nations women receive substantially less education than man." by: Melinda Gates | |
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| Fmr TOPP Awardee 82'PNP | Aug 7 2011, 08:50 AM Post #29 |
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PDFF Moderator
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Absolutely, if the teacher is found guilty administratively or criminally, all her entitlements will be affected ie..forfeited if the penalty is termination from the service or imprisonment, depending on the gravity of the offense. In private schools, it depends on their individual rules and procedures, but the least thing surely to happen is imprisonment. |
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| lyzel_khan26 | Aug 7 2011, 03:03 PM Post #30 |
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"unfabulous..."
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.sir. Topp, how about the situation of the co-teacher in story of failon ngayon na sinasaktan din sya ng terror teacher din,then the terror teacher's husband ay sumugod din at nanakit din sa teacher na ito? What case that? |
| " A woman with a voice by definition a strong woman. But the search to find that voice can be remarkably difficult. It's complicated by the fact that in most nations women receive substantially less education than man." by: Melinda Gates | |
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8:49 AM Jul 11