How to treat ‘suspects’ with dignity?

I never imagined seeing myself testifying before a congressional hearing. All I know is how to cover such public hearings at the Senate when I was assigned there for almost two years. Last week, I got an official invitation from the House committee on civil, political and human rights to be one of the ‘resource persons’ to its public hearing on a proposed bill to criminalize the display of persons to the press or to the public, suspects in criminal investigations.

The invitation was first faxed to The STAR office and the next day, I got the original copy sent to me via speed pack mail. It was signed by Manila Rep. Bienvenido M. Abante Jr., the chairperson of the House committee on human rights. Abante took over the chairmanship of the committee from Akbayan Party-List Rep. Loreta Ann Rosales.

The bill is really very old because it was first filed during the 11th Congress. But up to now, it has not seen the light of day. It’s now the 13th Congress, and there are three similar bills filed by five House members. The authors are: Rep. Gilberto Teodoro Jr. (NPC, Tarlac) and Harlin Abayon (Lakas, Samar) and Party-List representatives Mario Aguja, Ana Theresa Hontiveros-Baraquiel and Etta Rosales, all from Akbayan.

The proposed bills actually seek to amend Republic Act 7438 signed into law on April 27,1992 by former President Corazon Aquino. This is the law that defines certain rights of persons arrested, detained, or under custodial investigation as well as the duties of the arresting, detaining, investigating officers, and providing penalties for violations of this law.

Also invited to this public hearing were Defense Secretary Avelino Cruz, Armed Forces of the Philippines (AFP) Chief of Staff Gen. Hermogenes Esperon Jr., Philippine National Police (PNP) Director-General Oscar Calderon, and a representative from the Commission on Human Rights (CHR).

At the start of the hearing, the committee’s secretariat read a letter sent by the Defense secretary to ask for a 15-day period to consult with the Office of the President whether or not he can appear in this hearing. Cruz explained in his letter to the House committee that this was merely in compliance with Memorandum Order 108 issued last July 27 by President Arroyo on the guidelines for Cabinet members on the implementation of certain provisions of Executive Order (EO) 464 that were upheld by the Supreme Court. EO 464 imposed the ban on Cabinet members and other Executive Department officials from attending any congressional hearing without prior approval by the President.

This got the ire of Rosales who cited anew the SC ruled EO 464 was "unlawful" and "illegal." She, however, urged the committee to still proceed with the hearing "within the context" of the SC ruling so that other Executive Department officials in attendance can testify without getting into trouble with Malacañang Palace. Abante concurred and deplored the decision of the Defense Secretary in asking for 15 days notice if they would attend or not the hearing.

"This is not an investigation in aid of legislation but we would only like to ask their position on this bill. So there is no need for 15 days to communicate with them. We cannot wait for 15 days because this bill has long been overdue," Abante said.

To their credit, the PNP sent a very capable and articulate speaker Police Director Marcelo Ele Jr., chief of the PNP directorate for Investigation Detective Management. Being a lawyer himself, Ele clearly explained to the solons that the Constitution guarantees the rights of the suspects or the accused who can waive these "personal and private" rights they enjoy. Only after such waiver is made that the PNP, he says, presents to media the suspects or the accused in crime cases they were able to solve.

But the solons led by Abayon lectured Ele and the other police officials present in the hearing that "presumption of innocence" of the suspects is more paramount than informing the public who these suspects are by parading them before the press wearing orange T-shirts, with markings like "Detainee," and in handcuffs. Worse, he noted, are the practice of some policemen to allow the victims or their relatives to slap or attack the suspects in front of media.

Such degrading and embarrassing situation that the suspects are being made to go through, Abayon pointed out, are in violation of their basic human rights, especially, if it turns out later on, that the suspects are wrongly accused or merely used by the police as fall guys just to present to the public a crime incident the police supposedly solved.

Ele tried to assuage the solons that the PNP is continuously reviewing its procedures, especially in seeing to it that there will be no "short cuts" to solving high-profile and heinous crimes. "In fact, we want them (suspects) to appear more dignified by making them wear brand new T-shirts with ‘Detainee’ marking," Ele said in jest.

On a serious note Ele rued the policemen are also "victims" of the prevailing system within which to operate as law enforcers, citing in particular the slow grind of the wheels of justice. For being candid about this, the solons rebuked Ele admonishing him the police should not use this reason to justify violations of the human rights of the suspects.

The favorite example cited by the congressmen was the case of Acsa Ramirez, the Land Bank employee who blew the whistle against her colleagues involved in tax payment diversion scam. Ramirez was tagged as one of the accused instead of being acknowledged as the whistleblower. Abayon hinted it was this Acsa Ramirez case which inspired him to file this bill.

Actually, it was not the PNP but it was the boo-boo of the National Bureau of Investigation (NBI) in the Ramirez case. She was presented to President Arroyo in a photo opportunity at the NBI office along with other suspects after they solved this case. Mrs. Arroyo had to subsequently apologize for this costly mistake of the NBI.

Anyway, I said during the hearing that The Philippine STAR has been consistent in its advocacy against crime. But even as we strongly support the government’s anti-crime campaign, we also espouse the preservation of the rule of law in our country. The rule of law calls for equal application of justice. Sadly, this principle as enshrined in our Constitution must equally apply to all, both the victim and the accused.

We certainly support the proposed bill limiting the presentation of suspects to the public only after the accused is formally charged in court and not while they are still being investigated by the police to establish probable cause. As editorial policy, we don’t allow minors accused of crime to be presented to media. The hearing ended on a positive note. The proposed bill if approved into law will penalize law enforcers for committing those prohibited acts.

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