Indiana University, School of Law, Associate Director of Graduate Programs; Founder & Trainer, IU McKinney School of Law Pro Bono UN Human Rights Reporting Initiative
Transcript of the extemporaneous speech titled Ahimsa and Karma – Principles for Peace Struggle g... more Transcript of the extemporaneous speech titled Ahimsa and Karma – Principles for Peace Struggle given by Perfecto `Boyet´ Caparas during the commemoration of the UN-declared International Day of Peace, held at the City Market West Plaza, Indianapolis, Indiana, USA, on Saturday, 21 September 2013
weapons of information and communication technologies (ICTs),2 of globalization, serving as tools... more weapons of information and communication technologies (ICTs),2 of globalization, serving as tools for democratization? At the outset, the problem may not seem apparent, due to the obvious, recognized potentials for democratization and human rights promotion3 of the Internet. In Philippine context, however, where Internet aficionados (who constitute only one percent or 146,516 of households as of 1999,4 expected to grow by 1.3 million in 20045) like telephone users, are not yet as substantially democratized as they should be given its population of 76.5 million6—this proposition could at best be valid only up to a certain extent, since taken further, as to disregard the reality of the marginalization7 of a large segment of Philippine society—deprived of Internet access— this would be erroneous as it is self-contradictory. For the consequential digital divide could all the more sharpen the exclusion of the hitherto powerless and voiceless sectors of its citizenry from the “wired ” mai...
The thesis of this paper is immediately problematic: Internet and the other weapons of informatio... more The thesis of this paper is immediately problematic: Internet and the other weapons of information and communication technologies (ICTs), of globalization, serving as tools for democratization? At the outset, the problem may not seem apparent, due to the obvious, recognized potentials for democratization and human rights promotion of the Internet. In Philippine context, however, where Internet aficionados (who constitute only one percent or 146,516 of households as of 1999, expected to grow by 1.3 million in 2004) like telephone users, are not yet as substantially democratized as they should be given its population of 76.5 million—this proposition could at best be valid only up to a certain extent, since taken further, as to disregard the reality of the marginalization of a large segment of Philippine society—deprived of Internet access— this would be erroneous as it is self-contradictory. For the consequential digital divide could all the more sharpen the exclusion of the hitherto ...
What the CNN poignantly portrayed was actually a microcosm of how the state has been dealing with... more What the CNN poignantly portrayed was actually a microcosm of how the state has been dealing with children of the poorest of the poor who have been mushrooming in recent years, soaring to a staggering figure of 52,000 in 2004. A year earlier, Senator Francis Pangilinan pegged the children in conflict with the law (CICL) at 20,000. These are higher than the 13,300 CICL whom the Public Attorney's Office provided with free legal aid in 2002. Truth is, more CICL—especially those locked up into oblivion in police jails—fail to be documented. They don't officially exist. No grassroots mechanisms exist to prevent, monitor, or redress the barbarity inflicted upon children who get detained with adult inmates.
Pilgrims... A Human Rights Journey - Official Newsletter of Indiana University Alumni for Interna... more Pilgrims... A Human Rights Journey - Official Newsletter of Indiana University Alumni for International Human Rights Law
THEY propel this law school's human rights initiatives forward. With nary any financial resou... more THEY propel this law school's human rights initiatives forward. With nary any financial resources to back them up, nor well-defined institutional systems and processes to encourage, guide, and support their efforts right from its very inception, Juris Doctor and Master of Laws candidates independently conceptualized and pressed on with their United Nations shadow and alternative reporting projects on Australia and Chad. They received inspiration from their student predecessors who similarly conceptualized and embarked on shadow reporting projects on Chile, Zambia, USA, and Panama. During spring break, some of them went to the UN New York Headquarters and presented their remarkably gender-based reports to the Human Rights Committee during its 95 th sessions from March 16 to April 3. These students had the distinct privilege of listening in person and even interacting with international human rights luminaries like Mr. PN Bhagwati (India), Sir Nigel Rodley (United Kingdom), and Mr...
With the advent of the new millennium, threats to the freedom and dignity of our people persist. ... more With the advent of the new millennium, threats to the freedom and dignity of our people persist. The ghost of the Marcos past seems difficult to exorcise. With a Supreme Court that had upheld the right of state agents who are notorious for human rights violations to put up check points as well as to carry out a real target zonings supposedly to flush out criminal elements–the lingering threats to human rights of the Filipino are more than alive as ever. Further, the Philippine government is hell-bent in pushing for a national identification system purportedly to curb crime. This move, however, in conjunction with the two cited repressive state measures, is widely feared to be a precursor of a police state.
In December 2007, J.D. candidate Jhon Sanchez flew to Panama to establish contacts with local non... more In December 2007, J.D. candidate Jhon Sanchez flew to Panama to establish contacts with local nongovernmental organizations. While there, he met people who gave him precious information and contacts. In fact, Jhon's contacts gave him extremely valuable information that in March the following year, independent experts of the United Nations Human Rights Committee gladly received the evidence Jhon and his team of shadow reporters—IU Law-Indianapolis students—submitted and presented during their sessions at the UN New York Headquarters. The Committee's concluding observations relied heavily and exclusively, it seems, on Jhon's and his team's shadow report that was replete with firsthand evidence from Panama's indigenous people. The affidavits signed by Leonides Quiroz, coordinator of the Negotiation Commission for the Wounaan Land of the Wounaan Tribe Congress, helped prove Panama's violation of the indigenous people's human rights guaranteed under the Intern...
(This forms part of the publication titled KIDS BEHIND BARS - A study on children in conflict wit... more (This forms part of the publication titled KIDS BEHIND BARS - A study on children in conflict with the law: towards investing in prevention, stopping incarceration and meeting international standards edited by Stan Meuwese and published in Amsterdam.)The Philippines is a state party to a host of international human rights treaties, especially those concerning children, notably the Convention on the Rights of the Child (CRC), which entered into force on 2 September 1990, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.The 1987 Philippine Constitution accords special protection to children and youth. Its Bill of Rights provides for the basic constitutional rights of persons, including children, under arrest and during trial. This includes the right to a speedy, impartial and public trial, to confront the witnesses against them and to adduce their own evidence. Like any other person, children during custodial investigation are entitled to be informed of their right to remain silent and to a competent and independent counsel preferably of their own choice. The Constitution proscribes the use of torture, force, violence, threat, intimidation or any other means that vitiates the free will. It also prohibits the admission in evidence of any confession or admission obtained in violation of the said rights. During trial, children are entitled to be presumed innocent until the contrary is proven beyond reasonable doubt. Children also have the right against self-incrimination and to confront witnesses against them as well as to a compulsory process to secure the attendance of witnesses and the production of evidence in their favour.Several domestic laws have incorporated into Philippine municipal law the basic provisions of the CRC. The Philippine Congress has passed the Family Courts Act of 1997 (Republic Act 8369) with express reference to the provisions of the CRC. Recently, the Philippine Supreme Court issued the 2002 Rule on Juveniles in Conflict with the Law pursuant to the provision of the Family Courts Act. The Rule on Juveniles mandates the adoption of the principle of restorative justice as the broad policy framework in dealing with children in conflict with the law. The establishment of the Philippine Judicial Academy, which trains judges, is a big factor towards the introduction and popularisation of new child laws among judges of family courts.However, a wide gap exists between law and reality. While recent policy developments prove promising for children in conflict with the law, the traditionally punitive approach of the criminal justice system virtually negates these advancements. For example, the recently enacted Comprehensive Drugs Act of 2002 (Republic Act 9165) does not expressly grant children arrested and convicted for the crime of drug trafficking the benefits of a suspended sentence, thereby putting children in an equal status with adults in this respect. This law penalizes drug traffickers with the penalty of life imprisonment to death. It is debatable whether the privileged mitigating circumstance of minority is applicable to children convicted for drug trafficking considering that RA 9165 is a special law.A growing number of children are being arrested, detained, and tried for drug trafficking. The Child and Youth Welfare Code, the Family Courts Act of 1997, and the 2002 Rule on Juveniles in Conflict with the Law expressly exclude children found guilty of having committed capital offences (those punishable by life imprisonment to death) from availing of the benefits of a suspended sentence. A Philippine Supreme Court ruling held that while children so charged are entitled to the privileged mitigating circumstance of minority, they are not entitled to avail of the benefits of a suspended sentence if convicted.The approach still remains to be largely punitive. In general, though, like other prisoners, children may eventually avail of parole or executive clemency, in case they were lucky enough for their case to be looked into.Prosecutors, public defenders, and judges share the prejudice society has against detained prisoners. The social stigma attached to detention contributes to the prolonged detention of children. The insensitivity of judicial players to the special circumstances of children in jail contributes to the neglect of their cases.The point of arrest is critical. It is at this stage where some children suffer torture in the hands of the police as a form of punishment or as a way of exacting confession. Others receive blows in the hands of local guardsmen and/or their fellow inmates. Since the processing of court orders for the commitment of these children to detention facilities take quite a while, the time lapse allows for the healing of children’s wounds sustained on account of police brutality.
This human rights report to the UN Committee on the Rights of the Child presents the context wher... more This human rights report to the UN Committee on the Rights of the Child presents the context wherein the jailing of children with adult crime suspects, extrajudicial execution, and rounding up of street children, takes place. It dissects the core issues bedeviling the phenomenon of police detention of children crime suspects with adult crime suspects in police prisons throughout the Philippines, with the exception of Cebu City. It examines the chain of command from the President of the Philippines to the officers of the Philippine National Police who carry out the locking up of children with adults in police stations. The paper invokes the principle of command responsibility in imputing culpability and liability on the part of the President for violation of the provision of the UN Convention on the Rights of the Child as well as of the International Covenant on Civil and Political Rights on the segregation of children from adult detainees. This submission also presents comprehensive recommendations on how to stop police child detention with adult crime suspects, the roundup of street children, and extrajudicial execution. The recommendations include: • Strengthen Alternatives to Child Imprisonment pursuant to CRC Article 37(b) • For the Department of Social Welfare and Development to serve as the lead implementing agency of RA 9344 • Expand the scope of recognizance as one of the alternatives to detention pending trial of children accused of violating the law • Empower children’s human rights organizations, civil society groups, and responsible members of society to assume custody of children accused of violating the law pending trial to save them from the trauma of prolonged detention pending the hearing of their cases • For the Philippine Judicial Academy to reorient and train family court judges to deemphasize the Revised Penal Code and various criminal statutes and ordinances as points of reference in hearing and deciding cases and incidents involving children accused of violating the law • For the Supreme Court to enjoin family court judges to motu propio initiate, expand, and strengthen various forms of alternatives to detention pending the trial of cases involving children accused of violating the law pursuant to Article 37(b) of the CRC that detention should be used only as a measure of last resort • In lieu of so-called “rescue operation” that is a disguise for the arbitrary arrest and illegal detention and ill-treatment of street children, establish and develop, in consultation with the organized ranks of children, children’s human rights and welfare organizations, various street-based short-, medium, and long-term programs and services, with multilevel and multipronged service components, including family and community support, health, and education • Strengthen alternatives to detention from the point of arrest and during pre-trial detention • Develop a documentation and monitoring system to surface out the political nature of crimes attributed to children to develop appropriate intervention services • Develop a mechanism for data-gathering, disaggregation by sex and age, ethnicity of children prisoners, including those in immigration facilities for undocumented aliens • Establish a monitoring system in provincial jails controlled by LGUs how these jails are complying with the CRC and the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) • For the Commission on Human Rights to be empowered to investigate and prosecute in courts of law various forms of human rights violations in accordance with current international human rights norms and standards; specially vest the Commission on Human Rights with prosecutory power and authority to investigate and prosecute violators of children’s human rights • For the Philippines to ratify the Rome Statute of the International Criminal Court • Investigate and prosecute Department of Justice and Department of Interior and Local Government officials and top ranking officials of the Philippine National Police for violating the Child Protection Act (RA 7610) for locking up children with adult crime suspects in police prisons by virtue of their command responsibility for being in a position to know or should have known about the children prisoners’ situation • For the Supreme Court to consider expanding the doctrine of locus standi in order to empower concerned citizens and members of children’s human rights organizations to institute criminal and civil suits for violation by state functionaries and agents of the human rights of children accused of violating the law under the CRC • Establish mechanisms to investigate and document cases of torture and ill-treatment amounting to torture of children accused of violating the law, taking into consideration the totality of the circumstances of their arrest, treatment, and conditions of detention • Repeal unjust criminal laws, including the anti-vagrancy law and the ...
Two criminal law frameworks apply to the ongoing mass murders in the Philippines: one domestic, a... more Two criminal law frameworks apply to the ongoing mass murders in the Philippines: one domestic, another international. The Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity (Republic Act 9851) penalizes those acts as “willful killing” under Section 6(a). ... Adopted by the Rome Conference on July 17, 1998, the Rome Statute of the International Criminal Court established the ICC as the world’s first permanent criminal court. It entered into force on July 1, 2002, or 60 days after its ratification by the 60th state party. ... The statute became effective and applicable to the Philippines 60 days after the deposit of our Instrument of Ratification, or on November 1, 2011, as provided for under Article 126. The crime against humanity of murder allegedly perpetrated by state actors therefore falls under the jurisdiction and is cognizable by the International Criminal Court, inasmuch as the continuing mass murders occurred after November 1, 2011.
Transcript of the extemporaneous speech titled Ahimsa and Karma – Principles for Peace Struggle g... more Transcript of the extemporaneous speech titled Ahimsa and Karma – Principles for Peace Struggle given by Perfecto `Boyet´ Caparas during the commemoration of the UN-declared International Day of Peace, held at the City Market West Plaza, Indianapolis, Indiana, USA, on Saturday, 21 September 2013
weapons of information and communication technologies (ICTs),2 of globalization, serving as tools... more weapons of information and communication technologies (ICTs),2 of globalization, serving as tools for democratization? At the outset, the problem may not seem apparent, due to the obvious, recognized potentials for democratization and human rights promotion3 of the Internet. In Philippine context, however, where Internet aficionados (who constitute only one percent or 146,516 of households as of 1999,4 expected to grow by 1.3 million in 20045) like telephone users, are not yet as substantially democratized as they should be given its population of 76.5 million6—this proposition could at best be valid only up to a certain extent, since taken further, as to disregard the reality of the marginalization7 of a large segment of Philippine society—deprived of Internet access— this would be erroneous as it is self-contradictory. For the consequential digital divide could all the more sharpen the exclusion of the hitherto powerless and voiceless sectors of its citizenry from the “wired ” mai...
The thesis of this paper is immediately problematic: Internet and the other weapons of informatio... more The thesis of this paper is immediately problematic: Internet and the other weapons of information and communication technologies (ICTs), of globalization, serving as tools for democratization? At the outset, the problem may not seem apparent, due to the obvious, recognized potentials for democratization and human rights promotion of the Internet. In Philippine context, however, where Internet aficionados (who constitute only one percent or 146,516 of households as of 1999, expected to grow by 1.3 million in 2004) like telephone users, are not yet as substantially democratized as they should be given its population of 76.5 million—this proposition could at best be valid only up to a certain extent, since taken further, as to disregard the reality of the marginalization of a large segment of Philippine society—deprived of Internet access— this would be erroneous as it is self-contradictory. For the consequential digital divide could all the more sharpen the exclusion of the hitherto ...
What the CNN poignantly portrayed was actually a microcosm of how the state has been dealing with... more What the CNN poignantly portrayed was actually a microcosm of how the state has been dealing with children of the poorest of the poor who have been mushrooming in recent years, soaring to a staggering figure of 52,000 in 2004. A year earlier, Senator Francis Pangilinan pegged the children in conflict with the law (CICL) at 20,000. These are higher than the 13,300 CICL whom the Public Attorney's Office provided with free legal aid in 2002. Truth is, more CICL—especially those locked up into oblivion in police jails—fail to be documented. They don't officially exist. No grassroots mechanisms exist to prevent, monitor, or redress the barbarity inflicted upon children who get detained with adult inmates.
Pilgrims... A Human Rights Journey - Official Newsletter of Indiana University Alumni for Interna... more Pilgrims... A Human Rights Journey - Official Newsletter of Indiana University Alumni for International Human Rights Law
THEY propel this law school's human rights initiatives forward. With nary any financial resou... more THEY propel this law school's human rights initiatives forward. With nary any financial resources to back them up, nor well-defined institutional systems and processes to encourage, guide, and support their efforts right from its very inception, Juris Doctor and Master of Laws candidates independently conceptualized and pressed on with their United Nations shadow and alternative reporting projects on Australia and Chad. They received inspiration from their student predecessors who similarly conceptualized and embarked on shadow reporting projects on Chile, Zambia, USA, and Panama. During spring break, some of them went to the UN New York Headquarters and presented their remarkably gender-based reports to the Human Rights Committee during its 95 th sessions from March 16 to April 3. These students had the distinct privilege of listening in person and even interacting with international human rights luminaries like Mr. PN Bhagwati (India), Sir Nigel Rodley (United Kingdom), and Mr...
With the advent of the new millennium, threats to the freedom and dignity of our people persist. ... more With the advent of the new millennium, threats to the freedom and dignity of our people persist. The ghost of the Marcos past seems difficult to exorcise. With a Supreme Court that had upheld the right of state agents who are notorious for human rights violations to put up check points as well as to carry out a real target zonings supposedly to flush out criminal elements–the lingering threats to human rights of the Filipino are more than alive as ever. Further, the Philippine government is hell-bent in pushing for a national identification system purportedly to curb crime. This move, however, in conjunction with the two cited repressive state measures, is widely feared to be a precursor of a police state.
In December 2007, J.D. candidate Jhon Sanchez flew to Panama to establish contacts with local non... more In December 2007, J.D. candidate Jhon Sanchez flew to Panama to establish contacts with local nongovernmental organizations. While there, he met people who gave him precious information and contacts. In fact, Jhon's contacts gave him extremely valuable information that in March the following year, independent experts of the United Nations Human Rights Committee gladly received the evidence Jhon and his team of shadow reporters—IU Law-Indianapolis students—submitted and presented during their sessions at the UN New York Headquarters. The Committee's concluding observations relied heavily and exclusively, it seems, on Jhon's and his team's shadow report that was replete with firsthand evidence from Panama's indigenous people. The affidavits signed by Leonides Quiroz, coordinator of the Negotiation Commission for the Wounaan Land of the Wounaan Tribe Congress, helped prove Panama's violation of the indigenous people's human rights guaranteed under the Intern...
(This forms part of the publication titled KIDS BEHIND BARS - A study on children in conflict wit... more (This forms part of the publication titled KIDS BEHIND BARS - A study on children in conflict with the law: towards investing in prevention, stopping incarceration and meeting international standards edited by Stan Meuwese and published in Amsterdam.)The Philippines is a state party to a host of international human rights treaties, especially those concerning children, notably the Convention on the Rights of the Child (CRC), which entered into force on 2 September 1990, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.The 1987 Philippine Constitution accords special protection to children and youth. Its Bill of Rights provides for the basic constitutional rights of persons, including children, under arrest and during trial. This includes the right to a speedy, impartial and public trial, to confront the witnesses against them and to adduce their own evidence. Like any other person, children during custodial investigation are entitled to be informed of their right to remain silent and to a competent and independent counsel preferably of their own choice. The Constitution proscribes the use of torture, force, violence, threat, intimidation or any other means that vitiates the free will. It also prohibits the admission in evidence of any confession or admission obtained in violation of the said rights. During trial, children are entitled to be presumed innocent until the contrary is proven beyond reasonable doubt. Children also have the right against self-incrimination and to confront witnesses against them as well as to a compulsory process to secure the attendance of witnesses and the production of evidence in their favour.Several domestic laws have incorporated into Philippine municipal law the basic provisions of the CRC. The Philippine Congress has passed the Family Courts Act of 1997 (Republic Act 8369) with express reference to the provisions of the CRC. Recently, the Philippine Supreme Court issued the 2002 Rule on Juveniles in Conflict with the Law pursuant to the provision of the Family Courts Act. The Rule on Juveniles mandates the adoption of the principle of restorative justice as the broad policy framework in dealing with children in conflict with the law. The establishment of the Philippine Judicial Academy, which trains judges, is a big factor towards the introduction and popularisation of new child laws among judges of family courts.However, a wide gap exists between law and reality. While recent policy developments prove promising for children in conflict with the law, the traditionally punitive approach of the criminal justice system virtually negates these advancements. For example, the recently enacted Comprehensive Drugs Act of 2002 (Republic Act 9165) does not expressly grant children arrested and convicted for the crime of drug trafficking the benefits of a suspended sentence, thereby putting children in an equal status with adults in this respect. This law penalizes drug traffickers with the penalty of life imprisonment to death. It is debatable whether the privileged mitigating circumstance of minority is applicable to children convicted for drug trafficking considering that RA 9165 is a special law.A growing number of children are being arrested, detained, and tried for drug trafficking. The Child and Youth Welfare Code, the Family Courts Act of 1997, and the 2002 Rule on Juveniles in Conflict with the Law expressly exclude children found guilty of having committed capital offences (those punishable by life imprisonment to death) from availing of the benefits of a suspended sentence. A Philippine Supreme Court ruling held that while children so charged are entitled to the privileged mitigating circumstance of minority, they are not entitled to avail of the benefits of a suspended sentence if convicted.The approach still remains to be largely punitive. In general, though, like other prisoners, children may eventually avail of parole or executive clemency, in case they were lucky enough for their case to be looked into.Prosecutors, public defenders, and judges share the prejudice society has against detained prisoners. The social stigma attached to detention contributes to the prolonged detention of children. The insensitivity of judicial players to the special circumstances of children in jail contributes to the neglect of their cases.The point of arrest is critical. It is at this stage where some children suffer torture in the hands of the police as a form of punishment or as a way of exacting confession. Others receive blows in the hands of local guardsmen and/or their fellow inmates. Since the processing of court orders for the commitment of these children to detention facilities take quite a while, the time lapse allows for the healing of children’s wounds sustained on account of police brutality.
This human rights report to the UN Committee on the Rights of the Child presents the context wher... more This human rights report to the UN Committee on the Rights of the Child presents the context wherein the jailing of children with adult crime suspects, extrajudicial execution, and rounding up of street children, takes place. It dissects the core issues bedeviling the phenomenon of police detention of children crime suspects with adult crime suspects in police prisons throughout the Philippines, with the exception of Cebu City. It examines the chain of command from the President of the Philippines to the officers of the Philippine National Police who carry out the locking up of children with adults in police stations. The paper invokes the principle of command responsibility in imputing culpability and liability on the part of the President for violation of the provision of the UN Convention on the Rights of the Child as well as of the International Covenant on Civil and Political Rights on the segregation of children from adult detainees. This submission also presents comprehensive recommendations on how to stop police child detention with adult crime suspects, the roundup of street children, and extrajudicial execution. The recommendations include: • Strengthen Alternatives to Child Imprisonment pursuant to CRC Article 37(b) • For the Department of Social Welfare and Development to serve as the lead implementing agency of RA 9344 • Expand the scope of recognizance as one of the alternatives to detention pending trial of children accused of violating the law • Empower children’s human rights organizations, civil society groups, and responsible members of society to assume custody of children accused of violating the law pending trial to save them from the trauma of prolonged detention pending the hearing of their cases • For the Philippine Judicial Academy to reorient and train family court judges to deemphasize the Revised Penal Code and various criminal statutes and ordinances as points of reference in hearing and deciding cases and incidents involving children accused of violating the law • For the Supreme Court to enjoin family court judges to motu propio initiate, expand, and strengthen various forms of alternatives to detention pending the trial of cases involving children accused of violating the law pursuant to Article 37(b) of the CRC that detention should be used only as a measure of last resort • In lieu of so-called “rescue operation” that is a disguise for the arbitrary arrest and illegal detention and ill-treatment of street children, establish and develop, in consultation with the organized ranks of children, children’s human rights and welfare organizations, various street-based short-, medium, and long-term programs and services, with multilevel and multipronged service components, including family and community support, health, and education • Strengthen alternatives to detention from the point of arrest and during pre-trial detention • Develop a documentation and monitoring system to surface out the political nature of crimes attributed to children to develop appropriate intervention services • Develop a mechanism for data-gathering, disaggregation by sex and age, ethnicity of children prisoners, including those in immigration facilities for undocumented aliens • Establish a monitoring system in provincial jails controlled by LGUs how these jails are complying with the CRC and the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) • For the Commission on Human Rights to be empowered to investigate and prosecute in courts of law various forms of human rights violations in accordance with current international human rights norms and standards; specially vest the Commission on Human Rights with prosecutory power and authority to investigate and prosecute violators of children’s human rights • For the Philippines to ratify the Rome Statute of the International Criminal Court • Investigate and prosecute Department of Justice and Department of Interior and Local Government officials and top ranking officials of the Philippine National Police for violating the Child Protection Act (RA 7610) for locking up children with adult crime suspects in police prisons by virtue of their command responsibility for being in a position to know or should have known about the children prisoners’ situation • For the Supreme Court to consider expanding the doctrine of locus standi in order to empower concerned citizens and members of children’s human rights organizations to institute criminal and civil suits for violation by state functionaries and agents of the human rights of children accused of violating the law under the CRC • Establish mechanisms to investigate and document cases of torture and ill-treatment amounting to torture of children accused of violating the law, taking into consideration the totality of the circumstances of their arrest, treatment, and conditions of detention • Repeal unjust criminal laws, including the anti-vagrancy law and the ...
Two criminal law frameworks apply to the ongoing mass murders in the Philippines: one domestic, a... more Two criminal law frameworks apply to the ongoing mass murders in the Philippines: one domestic, another international. The Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity (Republic Act 9851) penalizes those acts as “willful killing” under Section 6(a). ... Adopted by the Rome Conference on July 17, 1998, the Rome Statute of the International Criminal Court established the ICC as the world’s first permanent criminal court. It entered into force on July 1, 2002, or 60 days after its ratification by the 60th state party. ... The statute became effective and applicable to the Philippines 60 days after the deposit of our Instrument of Ratification, or on November 1, 2011, as provided for under Article 126. The crime against humanity of murder allegedly perpetrated by state actors therefore falls under the jurisdiction and is cognizable by the International Criminal Court, inasmuch as the continuing mass murders occurred after November 1, 2011.
PRAXIS - The Official Peer-Reviewed Journal of the Alumni for International Human Rights Law. Th... more PRAXIS - The Official Peer-Reviewed Journal of the Alumni for International Human Rights Law. This is the official version of the inaugural issue of PRAXIS. This official version supersedes and/or modifies accordingly any and all versions, descriptor, announcement, communication and/or related matter appearing here and/or elsewhere.
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Papers by Perfecto “Boyet” Caparas
The Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity (Republic Act 9851) penalizes those acts as “willful killing” under Section 6(a).
...
Adopted by the Rome Conference on July 17, 1998, the Rome Statute of the International Criminal Court established the ICC as the world’s first permanent criminal court. It entered into force on July 1, 2002, or 60 days after its ratification by the 60th state party.
...
The statute became effective and applicable to the Philippines 60 days after the deposit of our Instrument of Ratification, or on November 1, 2011, as provided for under Article 126. The crime against humanity of murder allegedly perpetrated by state actors therefore falls under the jurisdiction and is cognizable by the International Criminal Court, inasmuch as the continuing mass murders occurred after November 1, 2011.
The Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity (Republic Act 9851) penalizes those acts as “willful killing” under Section 6(a).
...
Adopted by the Rome Conference on July 17, 1998, the Rome Statute of the International Criminal Court established the ICC as the world’s first permanent criminal court. It entered into force on July 1, 2002, or 60 days after its ratification by the 60th state party.
...
The statute became effective and applicable to the Philippines 60 days after the deposit of our Instrument of Ratification, or on November 1, 2011, as provided for under Article 126. The crime against humanity of murder allegedly perpetrated by state actors therefore falls under the jurisdiction and is cognizable by the International Criminal Court, inasmuch as the continuing mass murders occurred after November 1, 2011.