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CHR Jurisdiction

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Christopher Vic Gamuyao

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CHR Resolution No. A95-069

This resolution differentiates between investigations for purposes of prosecution


and investigates monitoring of incidents, identifies their objects, and adopts them
as among its operational priorities, thus:

1. Sustained and vigorous investigation of violation of civil and political rights.

2. Investigate monitoring of incidents and/or conditions obtaining in the country


which are violative of concerns in both areas of civil and political rights and
economic, social and cultural rights.

CHR Resolution No. A96-005

This resolution revokes CHR Resolution No. 88-045 and Circular 001, series of 1988
and consequently lays down the human rights violation cases the CHR should
henceforth investigate for purposes of prosecution, such as but not limited to

1. Rights of prisoners or detainees against physical, psychological and


degrading punishment resulting in the commission of crimes against persons
as provided in Title Eight of Republic Act No. 3815, as amended, and related
special laws.

2. Constitutional guarantees provided against the use of torture force, violence,


threat, intimidation, and other means that vitiate the free will of any person
or force him to do anything or sign any document against his will.

3. Rights to a fair and public trial as recognized under the constitution,


applicable laws and statutes and jurisprudence;

4. Right to life without due process of law, where its commission is tantamount
to summary execution and /or extrajudicial execution (salvaging);

5. Liberty of abode and changing the same within the limits prescribed by law,
except upon lawful order of the court, where the acts committed constitute
hamletting, forced eviction/ illegal demolition, or development aggression.

6. Rights of the people to be secure in their persons, houses, papers and effects
against unreasonable searches and seizures as defined in Articles 124, 125,
126, 127, `128, 129, and 130 of Title II and in Articles 269, 280, 282, 286,
287, of Title Nine of Republic Act No. 3815, as amended, and the related
special laws, where said acts are committed in the course of by reason
thereof or when involuntary or enforced disappearance as defined under
applicable laws or international treaty obligations on human rights resulted or
was the reason for the violation;
7. Right of person arrested, detained or under custodial investigation as well as
the duties of the arresting, detaining, and investigating officers defined under
Republic Act No. 7438;

8. Right of the people to peaceably assemble and petition the government for
redress of grievances which are defined in Article 131 under Title Two of
Republic Act No. 3815, as amended, and the related special laws.

9. Right of the people to be free from involuntary servitude in relation to Section


18(2) of Articles 272, 273, 274, of Title 9, Article 341 of Title XI of Republic
Act No. 3815, as amended, and the related special laws.

10.Free exercise and enjoyment of religious profession and worship, without


discrimination of religion in relation to offenses defined in Article 132 and 133
of Title Two of Republic Act No. 3815, as amended, and other related special
laws, including offenses against the religious, such as the desecration of
places of worship, graves, interruption of religious worships and or acts
notoriously offensive to the feeling of the faithful.

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