YOUR HUMAN RIGHTS

(FLAG is uploading its most recently updated Primer entitled "Your Human Rights." This was first produced and disseminated during Martial Law. It was updated during the declaration by Mrs. Arroyo of a State of Rebellion in 2001; considerng Proclamation No. 1017, it is appropriate that this Primer be as widely disseminated as possible.)

UNDER THE CONSTITUTION, AND IN TIMES OF EMERGENCY THE PRESIDENT MAY RESORT TO ANY OF THESE EMERGENCY POWERS –


The President, whenever it becomes necessary, may call out the armed forces to prevent or suppress lawless violence, invasion, or rebellion.

* Congress need not concur for the call out to be effective. It is important to remember that while the implementation of the President's decision to call out the armed forces is subject to judicial review, the courts will rarely, if ever, invalidate the factual findings of the President's decision.

* Justice Kapunan in his dissent in Lacson v Perez said that a declaration of a "state of rebellion" only gives notice to the nation that it exists and that the armed forces may be called to prevent or suppress it. Such declaration does not justify any deviation from the constitutional proscription against unreasonable searches and seizures. FLAG believes the calling out of the armed forces and the declaration of a "state of rebellion" do not—and can never—authorize the suspension of any of your constitutional rights.

In case of invasion or rebellion, and only when the public safety requires it, the President may suspend the privilege of the writ of habeas corpus, or place the Philippines or any part thereof under martial law, but:

* The President must submit a report to Congress within 48 hours from such suspension or declaration;

* Congress, voting as one body, may revoke the suspension or shorten the period;

* The President must respect the decision of Congress.

(a) The existence of an actual rebellion or invasion is not
in itself a ground to suspend the privilege of the writ of
habeas corpus or to declare martial law unless the public
safety requires it.

(b) Congress may also extend the suspension or
declaration upon the initiative of the President if the
invasion or rebellion persists and the public safety
requires it.

(c) If Congress is not in session when the suspension or
declaration is made, it shall convene in 24 hours without
need for call.

(d) The suspension of the privilege of the writ of habeas
corpus or martial law shall last for a period not
exceeding 60 days unless extended by Congress upon
the initiative of the President. Congress cannot extend
its duration if the President does not make the
initiative.

(e) The suspension applies only to persons charged in
court (not just in the fiscal's or prosecutor's office) for
rebellion or offenses inherent in or directly connected
with invasion. If the person arrested or detained is not
charged in court within 3 days of his/her arrest, s/he
must be immediately released.

(f) The declaration of martial law does not carry with it
the automatic suspension of the privilege of the writ of
habeas corpus, does not suspend the operation of the
Constitution, supplant civilian courts, authorize the
military to exercise jurisdiction over civilians, or give
the President the power to legislate.

(g) The Supreme Court may review the sufficiency of
the factual basis of the suspension or declaration upon
petition of any citizen, who need not be a taxpayer. The
Supreme Court may entertain the petition even during
the first 60 days of the suspension or declaration, and
must decide the case within 30 days from filing.

* In times of national emergency, the President may temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.

(a) A national emergency refers to a situation where there
is a threat of external aggression or calamities or natural
disasters, including military or economic dislocations.
Labor strikes do not constitute a national emergency
unless the strikes are of such proportion that they would
paralyze government service.

(b) The take-over may only be done during the
emergency and under reasonable terms. Only the
operations of any privately owned business utility or
business affected with public interest may be taken over.
The transfer of ownership of such business is not
required. The owner of any business taken over shall be
properly compensated, when prejudiced by the take-
over. The owner cannot prevent the take-over during
the period of emergency but may contest it later.

(c) The President may not resort to sequestration by
virtue of the state of emergency.

* The President may, in the interest of national welfare or defense, establish and operate vital industries. Upon payment of just compensation,the government may also transfer to public ownership utilities and other enterprises to be operated by it.

The President may exercise powers authorized or delegated by Congress.

(a) The powers that may be authorized by Congress do
not include the power to legislate. The areas over which
Congress may delegate to the President certain authority
must be limited to meet the exigency of the emergency
and nothing more.

(b) The powers that may be authorized by Congress must
cease upon withdrawal by, or next adjournment of,
Congress. Hence, the exercise of such powers is not
coextensive with the existence of the emergency.

IN ANY SITUATION, YOU DO NOT LOSE YOUR BASIC RIGHTS, SUCH AS—


The right to life;

The right not to be tortured, nor subjected to
cruel, Inhuman or degrading treatment or
punishment;

The right not to be subjected to forced labor;

The right not to be imprisoned for non-payment
of debt;

The right not to be punished for an act which
was not yet a crime at the time of its commission;

The right to be recognized and treated as a
person; and

The right to freedom of thought, conscience and
religion.

These rights are absolute. Under no condition can their
fulfillment or enjoyment be suspended. This is true even
when martial, law or any other state of public emergency
has been declared. These are non-derogable rights under
the International Covenant on Civil and Political Rights
to which the Philippine Government is a party.

There are other rights that are considered inalienable
and inviolable, such as—

The right not to have your house searched
without a search warrant issued by a Judge, and
not to have anything seized which is not
specified in the search warrant. However, if you
are legally arrested, your person and immediate
surroundings may be searched for dangerous
weapons, and any evidence found on your person
or Immediate vicinity (only on your person and
immediate vicinity) which may have been used
to commit the crime for which you are being
arrested may be seized.

The right to liberty and security of person. You
can be deprived of liberty only on grounds and
procedures established by the Constitution and
existing law.

The right not to be arrested except on evidence
that a crime has been committed and that you
probably committed it. You may be arrested only
on the strength of a warrant of arrest issued by
a Judge, except:

* When you have committed, are actually
committing, or are attempting to commit an
offense in the presence of the arresting officer;

* When an offense has just been committed and
the arresting officer has probable cause to
believe, based on personal knowledge of facts
and circumstances, that you committed the
offense;

* When you have escaped from prison or detention
or while being transferred from one confinement
to another.

The legality of your arrest must be determined in an inquest proceeding conducted by a civilian prosecutor. The prosecutor, in a summary proceeding, can:

(a) Order your release (this may or may not be subject to
a full-blown preliminary investigation);

(b) Affirm the legality of your arrest, and prepare the
corresponding complaint or information with the trial
court.

(c) Often the inquest prosecutor will ask the person
arrested if s/he desires a preliminary investigation; in
which case s/he will be asked to sign a waiver. Do not
sign the waiver without being duly informed of the
nature and consequences of signing it. Signing the
waiver may—and often does—mean that you are going
to remain in detention, pending a preliminary
investigation. It may also mean that you are waiving
your right to file cases against those who arrested you.

While under arrest or detention, if you are questioned or investigated by the police or military, you have the following rights:

* To be informed of your right to remain silent and
other constitutional rights;

* To have competent and independent counsel
preferably of your own choice; and

* To be provided with counsel if you cannot afford
one.

In all criminal prosecutions, you have the following rights:

* Not to be compelled to testify against yourself;

* To remain silent and to counsel;

* To be informed of the nature and cause of the
accusation against you;

* To have a speedy, public and impartial trial;

* To appeal any conviction;

* To be presumed innocent until the contrary is
proven;

* To be present and heard by yourself and counsel;

* To avail of court processes to secure the
compulsory attendance of witnesses and the
presentation of evidence in your defense; and

* To meet the witnesses face-to-face and to cross-
examine them.

* The right to a preliminary investigation.

* The right against double jeopardy.

* Before conviction, the right to bail except for
capital offenses when evidence of guilt is strong.

* The right to be treated with humanity and with
respect for your personal dignity.

* The right to liberty of abode and the right to
travel.

What to do

IF YOUR HOUSE OR OFFICE IS SEARCHED

* Your house or office cannot be searched without
a warrant duly issued by a Judge. When a valid
search warrant is issued, the searching party can
only seize those things that are particularly
described in the search warrant, unless you
consent, or the articles are contraband in plain
view. However, if you are arrested, your person
and immediate surroundings may be searched
for dangerous weapons and evidence that
you committed the crime for which you are
being arrested; any evidence which may be found
on your person or immediate vicinity can be
seized.

* A search warrant is valid if:

- It is signed by the Judge;

- It specifies one offense only;

- It describes with particularity the exact location
and/or address of the place to be searched
and lists down exactly what things are to be
seized;

- It is used within ten days from its issuance.


* A search warrant must be served during the daytime
unless the affidavit supporting it asserts that the
property is on the person or in the place ordered to
be searched, in which case the warrant must
specifically direct that it can be served at any time
of the day or night.

* If the warrant is invalid, the search and seizure is
unlawful, Any evidence obtained as a result of an
unlawful search and seizure cannot be used as
evidence in any proceeding. You may peacefully
refuse, without liability, an unlawful search and
seizure. You may also file criminal, civil or
disciplinary action cases against the officer serving
an unlawful warrant.

* Where there is no search warrant, do not voluntarily
submit yourself to a search. Object immediately. Do
not agree to be searched but do not physically resist.
A warrantless search without your express, prior
and voluntary consent is illegal.

During a search:

* Before allowing your home or office to be searched,
ask for and read the search warrant. Examine it
carefully to see if it:

(a) states your address;

(b) describes the items to be seized with
particularity;

(c) is signed by a civilian judge;

(d) specifies only one offense; and

(e) is being used within 10 days from its issuance.

* Contact your lawyer by the most expedient means
(telephone, text message) and inform him/her that
your home or office is about to be searched.

The search party has the right to break any outer or inner
door or window to effect the search if the search party
is refused admittance to the place of the search after
giving notice of the purpose and authority for the
search.

* If it is a valid warrant, only then should you allow
the search to be conducted. Upon letting the search
party enter your premises, ask for their names, rank,
and the office or unit to which they belong. Get the
name and rank of the commanding officer.

* During the search, accompany the group conducting
the search at all times. This lessens the possibility of
their planting documents, weapons or other
materials in your home or office.

Remember: The search party is allowed to conduct the
search only in the presence of the lawful occupant or
any member of his/her family, If no occupant or family
member is present, the search must be conducted in the
presence of two witnesses of sufficient age and discretion
who reside in the locality. This means that every room,
compartment, section or portion of the place cannot be
searched unless the above witnesses are present.

* If anything is taken from your home or office, the
officer seizing the property must give you a detailed
receipt. Before signing the receipt—

(a) Go over it carefully to ensure its accuracy in
designation, description and quantity;

(b) If there are blank spaces that might be used by
unscrupulous police officers to "add" items that were
not actually found during the search, ask the officer to
place a line across the blank space.

(c) Insist that you be given a copy of the receipt; if they
agree, make sure that the copy accurately reflects the
original.

(d) If there is anything in the receipt that tends or appears
to be incriminating, tell the searching party you are
invoking your right to a lawyer and to remain silent and
that you refuse to sign anything without talking to your
lawyer first.

* You may be asked in sign an affidavit of orderly
search. If the search was not conducted in an orderly
manner, do not sign the affidavit. Instead, register
your objection. In any case, read it very carefully
and tell the police officers you want to consult your
lawyer before you sign anything.

IF YOU ARE INTERCEPTED AT A STOP-AND-FRISK OPERATION

The "stop" and the "frisk" are actually two separate
acts.

- The "stop" is employed by the police to
investigate a suspicious individual. It involves
briefly detaining you for the limited purpose of
determining if any further police action should
be taken against you.

- The "frisk" is intended for the safety of the police
officer. It involves an actual physical invasion of
your body for the limited purpose of determining
if you are armed with a deadly or dangerous
weapon.

- If the police officer has reasonable grounds to
"stop" you for investigation, s/he does not
automatically have the right to "frisk" you. A
"frisk" may only be done if the police officer has
good reason to believe that you are armed with a
deadly or dangerous weapon.

- The "stop" may provide the police officer with a
valid ground to arrest you, if you have a standing
warrant of arrest or if there are valid grounds to
effect a warrantless arrest. But if the "stop" does
not provide the police officer with the legal basis
to arrest you, there is no reason to believe that
you are armed and the police officer must let you
go.

* In upholding stop-and-frisk operations, the
Philippine Supreme Court relied to a large extent
on the ruling of the United States Supreme Court in~.
Terry v. Ohio. In that case, the U. S. Supreme Court
adopted the balancing of interests approach (e.g.,
"balancing the need to search against the invasion
which the search entails" ). The U.S. Supreme Court
also mandated a two-step process to determine the
validity of the stop-and-frisk operation: (1) was the
"stop" justified? and (2) was the "frisk" limited in
scope and intensity so as to achieve its limited
purpose? The Philippine Supreme Court, however,
did not apply the two-step process and a number of
decisions are difficult to reconcile. This has opened
the door to abuse by unscrupulous law enforcement
officers.

* In a stop and frisk situation, remember:

- The police officer may ask for your identity but
s/he cannot require you to present your
identification papers;

- The police officer may frisk you only if s/he has
reasonable suspicion that you are armed. The frisk
should only involve patting down the outer shell
of your clothing, but the police officer cannot
order you to take off your clothes to see if you
have body marks or tattoos; neither can the police
officer open your bag or ask to see your wallet;

- If, during the frisk, the police officer feels an object
that could be a concealed weapon, the officer may
take it out to examine it. If it is a deadly or
dangerous weapon, the officer may seize it;

- The police officer may seize any concealed
weapon (gun, knife) found on you and charge
you.

* If you believe that you are a target of police
harassment, do not act belligerently. Instead, file
criminal, civil or disciplinary action cases against
the erring police officer.

IF YOU ARE STOPPED AT A CHECKPOINT

Remember:

* You need not step out of the vehicle nor open its
trunk. The inspection must be limited to a visual
search. Neither the inside of the vehicle nor the
occupants are subject to a search. Only objects in
plain view of the officers conducting the search are
subject to seizure.

An extensive search is allowed only if the officers
conducting the search have probable cause to believe
before the search that either the motorist is an offender
or that they will find evidence pertaining to the
commission of a crime in the vehicle to be searched.

* When ordered to step out of the vehicle or open
its trunk, do not readily accede to the order. Ask
the officer or officers conducting the search for
their names, their official positions, the office or
unit to which they belong and reason for the order.
If you believe that the order is unjustified, object
firmly but peacefully to the order and state that
you are not waiving any of your rights.
Nonetheless, even if you fail to object, any
evidence obtained as a result cannot be used
against you. Consent under intimidating or
coercive circumstances is not consent within the
purview of the Constitution.

The right against unreasonable searches and seizures
may be impliedly waived if you do not object to the
unreasonable search.

* If you are being arrested because of any
incriminating evidence found on your person or in
the vehicle, follow the advice in the succeeding
section.

* Checkpoints are allowed only under exceptional
circumstances (in red alert situations where the
survival of organized government is on the balance
or the lives and safety of the people are in grave
peril or when there is a need to arrest a criminal or
fugitive from justice). When the exceptional
circumstances no longer exist, checkpoints are no
longer allowed, and any checkpoints established are
illegal.

* The area where checkpoints are established must be
properly lighted. Clear and legible signs must be
exhibited to that searches are being conducted. .
Enforcement officers must at all times be in uniform
with their identification cards and nametags on. The
unit manning checkpoints must always be led by
an officer with the rank of lieutenant, If these
standards are not met, you may report all instances
of non-compliance to the police and military
authorities for proper action.

IF YOU BELIEVE THAT YOU WILL BE ARRESTED OR SALVAGED

Take the following precautions:

* Do not go out alone. The risk of disappearance and
being salvaged increases because no one witnesses
or is willing to testify to the arrest of the person who
disappeared/was salvaged.

* Avoid going to places where no one knows you.

* Do not stay at home or elsewhere alone.

* Tell your family or friends of the possibility of your
being arrested, and what to do in case you are
arrested. Tell them specifically whom to run to for
help, how to get in touch with them, and where to
search for you.

* Before going out, tell your family or friends where
you are going, whom you will see, why, how long
you expect to be out, and what to do if you fail to
return on time, or fail to reach your destination, or
keep your appointment. If you own a cell phone,
send a text message to yours friends or family
informing them that you have reached your
destination and are proceeding to your next
appointment.

* When you go out, always carry adequate
identification, and avoid carrying anything that
could be construed as incriminating.

* In case you are being arrested, see to it that people
know that you are being arrested and by whom. if
necessary, shout or make a scene to attract attention
to your arrest. If you own a cell phone, call or send
a text message to your family, friends and lawyer to
inform them that you are being arrested.

* Disappearances and salvaging can be prevented or
minimized if your family, friends or even bystanders
will accompany or follow you and your arresting
officers to learn where you are being taken and to
show concern over your safety. As soon as possible,
they should notify a lawyer or respected member
of the community (a priest, teacher, doctor or civic
leader) who, in turn, should try to visit you
immediately.

* During detention, your family and friends should
visit you as often as possible, and send things to
you (food, magazines, medicines, clothes, etc.) on
days they cannot or are not allowed to visit. Never
agree to be taken out of jail or the detention center
by anyone unless accompanied by your lawyer or a
member of your family.

* Even if you have reliable information that there is a
plan to arrest or salvage you, it is not advisable to
go into hiding. Instead, request your lawyer or other
responsible person to inquire if there is a warrant
for your arrest, and if there is, to arrange for you to
present yourself to the proper authorities under
adequate guarantees for your safety. Meanwhile,
prepare yourself by reviewing your rights and
deciding what you will do if you are arrested to
protect your safety and enforce your rights.

IF YOU ARE BEING ARRESTED

Remember:

* Stay calm. Being arrested is not the end of the world.
Some apprehension is unavoidable; but you can
reduce this by concentrating on each event as it
happens, and not letting your imagination run wild
about what will happen next.

* Ask a relative, friend or even a stranger (get the
name and address) to witness your arrest. If you own
a cellular phone, send a text message to your family,
friends and lawyer informing them that you are
being arrested. You may also call your family,
friends and lawyer so they may listen in on your
arrest.

* Ask the person or persons arresting you for their
names, their official positions, and the office or unit
they belong to.

* Ask for a copy of their authority to arrest you and
examine it carefully. Note particularly if you are
correctly named in the warrant of arrest, and the
offense for which you are being arrested.

* If there is any defect in the warrant, register your
objection to being arrested, but do not use force.

* If you are lawfully arrested, you may be searched
for dangerous weapons or anything which may be
used as proof that you committed the crime for
which you are being arrested.

* Inquire from your arresting officer where you will
be taken. Ask that you be accompanied by the
relative, friend or stranger who witnessed your
arrest. Assure the arresting officers that this is for
their protection as well as yours.

* Ask to be allowed to telephone your lawyer; if
denied, ask your relative, friend or other witness to
your arrest, to do so. Inform your lawyer of your
arrest, the identity of the arresting officers, the cause
of your arrest, and where you will be taken.

* Do not, at any time, offer any physical resistance to
the. arrest. State that you object to your arrest and
are not waiving any of your rights, but are going
peacefully in order to avoid violence.

* If the persons making the arrest are in civilian clothes,
or refuse to give their names or show any warrant of
arrest, refuse to go with them. Ask them to let you
call for a policeman to verify their authority. Do not
agree to being blindfolded. The law requires arresting
officers to be properly dressed, to behave properly
and to respect your rights and your dignity. If the
arresting officers violate these requirements, do not
cooperate, hut do not use violence either. Make them
carry you out, shout for help, create a scene so that
your neighbors and other passers-by may notice what
is happening. Remember all violations of your rights,
and complain about them at the first opportunity after
your arrest, when you are presented to a judge or
fiscal.

* If you are told that you are not being arrested but
merely invited for questioning, reply that you will
consult your lawyer first. Do so, then get your
lawyer to talk to the officers and arrange a date, time
and place for your questioning. If they do not allow
you to consult your lawyer, refuse to go along with
them. If they insist, their acts become an arrest, and
the preceding advice applies.

* The general rule is that you can only be arrested
upon proper warrant of arrest issued by a competent
Court. However, there are three exceptions to this
Rule—

- When you have committed, are actually
committing, or attempting to commit an offense
in the presence of the arresting officer;

- When an offense has just been committed and the
arresting officer has probable cause to believe
based on personal knowledge of facts and
circumstances that you committed the offense;

- When you have escaped from prison or detention
or while being transferred from one confinement
to another.

REPEAT: REMAIN CALM. Concentrate on what is happening now. Do not imagine what will happen next. Many of our fears are self-created. Above all, do not worry if you forget to do any of the things listed above. They are counsels of perfection, not always attainable. As long as you remain calm and collected, you will be able to protect your rights.


IF YOU HAVE ALREADY BEEN ARRESTED


These are your rights:

* To remain silent and to be assisted by a competent
and independent lawyer of your choice.

* Not to be subjected to torture, manhandling,
intimidation, deceit, promises of reward or leniency
of any means (drugs, hypnosis, etc.) that vitiate or
weaken your free will.

* To be brought for inquest as soon as possible, but
not later than:

- 12 hours after arrest for a light offense

- 18 hours after arrest for a less grave offense

- 36 hours after arrest for a grave offense.

The legality of your arrest must be determined in
an inquest proceeding conducted by a civilian
prosecutor. The prosecutor, in a summary
proceeding, can

(a) Order your release (this may or may not be subject to
a full-blown investigation);

(b) Affirm the legality of your arrest, and prepare the
corresponding complaint or information with the trial
court. Very often the inquest prosecutor will ask the
person arrested if s/he desires a preliminary
investigation; in which case s/he will be asked to sign a
waiver. Do not sign the waiver without being duly
informed of the nature and consequences of signing it.
Signing the waiver may—and often does—mean that
you are going to remain in detention, pending a
preliminary investigation. It may also mean that you are
waiving your right to file cases against those who
arrested you.

* If you are questioned or investigated by the police or
military, you have the following rights, among others:

- To remain silent;

- To have competent and independent counsel
preferably of your own choice;

- To be provided with counsel if you cannot afford
one; and

- To be informed of these rights, and to be told that
anything you say may be used against you in court.

* In all criminal prosecutions, you have the following
rights:

- Not to be compelled to testify against yourseif;

- To remain silent and to counsel;

- To be informed of the nature and causes of the
accusation against you;

- To have a speedy, public and impartial trial;

- To appeal any conviction;

- To be presumed innocent until the contrary is
proved;

- To be present and heard by yourself and
counsel;

- To avail of court processes to secure the
compulsory attendance of witnesses and the
presentation of evidence in your defense; and

- To meet the witnesses face-to-face and to cross-
examine them.

* When you are brought before the Judge, to make a
formal complaint if you have been denied counsel,
forced to confess, or manhandled, tortured or
intimidated.

* To be released on reasonable bail, unless you are
charged with a crime punishable by death and the
evidence of your guilt is strong.

Release on bail does not bar you from challenging the
validity of your arrest nor the legality of the warrant of
arrest, provided you raise these challenges before being
arraigned.

All arresting, detaining, inviting or investigating
officers and their companions must follow and
observe the following, procedures, guidelines and
duties, at the time of your arrest and again during
your custodial investigation. These guidelines,
procedures and duties were laid down by the
Supreme Court in People v. Mahinay (G.R. No.
122485,1 February 1999):

- You must be informed in a language known and
understood by you of the reason for your arrest,
and you must be shown the warrant of arrest. All
other warnings, information or communication
must be in a language known and understood by
you.

- You must be warned that you have the right to
remain silent and that any statement you make
may be used as evidence against you.

- You must be informed that you have the right to
be assisted at all times and have the presence of
an independent and competent lawyer of your
own choice.

- You must be informed that if you have no
lawyer or you cannot afford the services of a
lawyer, one will be provided for you; and that
a lawyer may also be engaged by any person
on your behalf, or may be appointed by the
court upon a petition by you or by one acting
on your behalf.

- Whether or not you have a lawyer, you must be
informed that no custodial investigation in any
form shall be conducted except in the presence
of your lawyer or unless you have validly waived
any of your rights.

- You must be informed that you have the right, at
any time, to communicate or confer by the most
expedient means (telephone, text message, radio,
letter, or messenger) with your lawyer, any
member of your immediate family, any medical
doctor, priest or minister you choose or one
chosen by your immediate family or lawyer; you
must also be informed that you have the right, at
any time, to be visited by and confer with duly
accredited national or international non-
governmental organizations.

- You must be informed that you have the right to
waive any of your rights provided you do so
voluntarily, knowingly, intelligently and you
understand the consequences of your waiver.

- If you waive your right to a lawyer, you must be
informed you must waive your right in writing
and in the presence of your lawyer, otherwise you
must be warned that your waiver is void even if
you insist on your waiver and you choose to
speak.

- You must be informed that you may indicate in
any manner at any time or stage of the process
that you do not wish to be questioned and that
once you make such indication, you may not be
interrogated, if the interrogation has not yet
begun, or the interrogation must cease if it has
already begun.

- You must be informed that your initial waiver
of your right to remain silent, your right to
counsel, or any of your rights, does not bar you
from invoking yours rights at any time during
the process, regardless of whether you have
answered some questions or volunteered some
statements.

- You must also be informed that any statement or
evidence obtained in violation of any of the above
procedures or guidelines, whether inculpatory or
exculpatory, in whole or in part, is inadmissible
in evidence.

(a) A common practice of investigating officers is to
present a person arrested with a confession already
drawn up and ready for signature, then to intimidate
the suspect into signing the statement without reading
it. And since uncounselled confessions have been
disallowed under the Constitution, the investigating
officers now have lawyers who are ready to assist you
during the confession, to make everything legal and
valid. Remain firm, but respectful. Insist that you would
like to get your own lawyer, and ask for the opportunity
to get in touch with your lawyer. Since they now know
that you know your rights, the chances that you will be
manhandled are reduced.

(b) lf you have not been informed of your rights to remain
silent and to have competent and independent counsel
of your choice, the arresting officer or employee or the
investigating officer who fails to inform you of your
rights is liable to suffer a fine or a penalty of
imprisonment, or both. If the arresting officer or
employee or investigating officer has been previously
convicted for a similar offense, s/he shall suffer the
penalty of perpetual absolute disqualification.

(c) If the arresting officer or employee or the
investigating officer or anyone acting upon their orders
or in their place, fails to provide you with competent
and independent counsel if you cannot afford the
services of your oy.rn counsel, s/he is liable to suffer a
fine or a penalty of imprisonment, or both. If the
arresting officer or employee or investigating officer has
been previously convicted for a similar offense, s/he
shall suffer the penalty of perpetual absolute
disqualification.

(d) Whoever obstructs, prevents or prohibits your
lawyer, any member of your family, any medical doctor
or religious minister, from visiting and conferring
privately with you, or from examining and treating you,
or from ministering to your spiritual needs, at any hour
of the day, or, in urgent cases, of the night, is liable to
suffer the penalty of imprisonment and a fine.

IF YOU ALREADY ARE UNDER DETENTION

Your rights are:

* To be treated as a human being.

* To due process, which comprises the rights:

- To be informed of the written regulations
governing the detention center;

- Not to be punished for any act except in
accordance with those regulations;

- To be subjected to only such punishment for
breaches of discipline as are the least restrictive
means to maintain order and security in the
detention center;

- Not to be subjected to corporal punishment,
confinement in a dark cell or total isolation
(bartolina).

* To receive visits from your family, friends and
lawyers.

* To practice your religion.

* To adequate food and, if you desire, to procure food
from outside, through the administration of the
detention center or through family and friends.

* To wear your own clothing unless you have none,
in which case the detention administration shall
supply it, but such clothing must be different from
that supplied to convicts.

* To healthful accommodations, with sufficient light
and ventilation, and adequate sanitary and bathing
facilities.

* To a separate bed with sufficient bedding.

* To at least one hour's daily outdoor exercise.

* To competent medical and dental service, and to be
treated by your own doctor or dentist if there is
reasonable need for it and you or your family or
friends will pay for it.

* To be furnished with or to procure reading and
writing materials.

* To be kept separate from convicts serving sentence.

* To a speedy, impartial and public trial.