Cops getting to know ‘Miranda’

Policemen now carry copies of the Miranda warnings to make them aware of the basic rights of citizens.

Interior Assistant Secretary Danilo Valero said the Miranda warnings will be handed out in English and Filipino to policemen, who will have to certify that they have read and understood the Bill of Rights.

The laminated card-size Miranda warnings, measuring three inches by five inches, will eventually be translated into other Philippine languages, he added.

Based on the 1966 US Supreme Court decision in Miranda vs. Arizona, the following warnings must be recited to a suspect upon his arrest:

• You have the right to remain silent and refuse to answer questions. Do you understand?

• Anything you do say may be used against you in a court of law. Do you understand?

• You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?

• If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?

• If you decide to answer questions now without an attorney present you will still have the right to stop answering at anytime until you talk to an attorney. Do you understand?

In Miranda vs. Arizona, the US Supreme Court threw out the conviction of one Ernesto Miranda, who was arrested for stealing $8 in cash in Phoenix, Arizona in 1963.

During two-hours of police questioning, Miranda, who was never offered a lawyer, confessed not only to the $8 theft, but also to kidnapping and raping an 18-year-old woman.

Based largely on his confession, Miranda was convicted and sentenced to 20 years in prison.

On June 13, 1966, the US Supreme Court, in deciding the case of Miranda vs. Arizona, reversed the Arizona Court’s decision, and granted Miranda a new trial.

In the landmark decision, the US Supreme Court ruled that an accused has the right to remain silent, and that prosecutors may not use statements made by him, unless police have informed him of these rights, now commonly called the Miranda Rights.

The Miranda Rights were later adopted in the Bill of Rights of the Philippine Constitution, with the additional safeguard that these rights cannot be waived except in writing and in the presence of counsel.

Police to record interrogations

Valero said audio-video equipment have been installed in the five police districts in Metro Manila to record custodial investigations of arrested suspects.

The PNP has conducted 867 seminars on various topics concerning human rights as part of government initiatives to uphold and promote respect for these rights, a Department of the Interior and Local Government report showed.

As of the first week of March, 4,132 uniformed personnel and civilians have participated in 171 seminars organized to familiarize them with the provisions of the Human Security Act, according to a PNP report to Interior Secretary Ronaldo Puno.

A total of 381 seminars, of which 11,801 uniformed personnel took part, were also conducted to heighten awareness among policemen on the writ of amparo, while 9,634 police officers participated in 315 workshops on human rights and international human rights laws.

Valero said the PNP had also conducted examinations on human rights awareness among uniformed and non-uniformed personnel.

The PNP also took part in the Convention Against Torture held last Oct. 25 and in the preparation of a Universal Periodic Review on human rights initiatives under the auspices of the Presidential Human Rights Committee, he added.

Meanwhile, Valero said “Human Rights Protector” pins were also given out to policemen to symbolize the PNP’s continuing advocacy to protect  human rights.

In December last year, the PNP leadership issued Letter of Instruction (LOI) 55-07 entitled “PAMANA,” which provides for  PNP-wide policy directions and guidelines on respect, promotion and protection of human rights, he added.

The PNP Human Rights Development Program covers four key areas — Institutional Policy Development, Capability Building, Prevention and Control of Human Rights Violations, and Multisectoral Cooperation, Valero said.