GENERAL APPEAL (Philippines): A call to prohibit the practice of showing the faces of arrested suspects to the media and general public 

Dear friends,

The Asian Human Rights Commission (AHRC) writes to voice our contempt for the ‘systematic practice’ by the police, military and government officials in the Philippines in showing the faces of arrested suspects before the media and general public. Although Section 14 (2) of the 1987 Philippine Constitution recognises the principle of ‘presumption of innocence’, the AHRC is deeply concerned that this practice constitutes a serious violation of a persons’ right to be presumed innocent. Of further concern is that there are no domestic laws or administrative orders to prohibit this practice.

In other Asian countries, like Thailand and Hong Kong, SAR, this practice is strictly prohibited. In Thailand, the Royal Thai Police recently issued a regulation which ‘generally prohibits police from taking victims or suspects to a press conference or letting reporters or photographers take pictures of them inside or outside a police station’. In Hong Kong, SAR, arrested suspects are hooded upon their arrest. During press conferences, only evidence allegedly taken from the suspects is presented.

In the Philippines, however, the police, military and government officials are often seen in the media parading suspects with their face fully revealed. The suspects are often forced to wear shirts printed with the name of the police unit who either arrested them or took them into custody. This practice occurs regularly in high-profile cases.

The government’s inaction and failure to enact laws to prohibit this systematic practice has directly encouraged the discrimination and humiliation of suspects by the police, military and public officials. It has also sent a strong message to the general public that the practice is acceptable and that suspects do not deserve certain rights when it is alleged that they have been involved in a crime.

In many cases, this practice has resulted in suspects being deemed guilty by society before they have been able to prove their innocence in Court. There have been several instances where suspects have been attacked, severely beaten, verbally humiliated and demonised, with the police or military doing little to protect them while in their custody. It has also become known that the police or military officers have in some circumstances physically restrained suspects, giving opportunity to complainants or victims to attack them. This practice encourages taking the law into their own hands instead of resolving their grievances or complaints in a competent court.

Despite some suspects having been proven innocent in court and released for lack of sufficient evidence, the public disclosure of their identity makes any attempt to reintegrate into society truly problematic. The AHRC has in the past reported cases of innocent torture victims being labeled as ‘bombers’ in the cities of Davao and General Santos even before the completion of their trial (please see our previous appeals on these cases: FA-04-2004; UA-69-2005; UA-74-2005).

The Philippines has ratified various international human rights instruments, including the International Covenant on Civil and Political Rights (ICCPR). Article 10 (1) of the Covenant stipulates that: “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person”. Article 14 (2) of the Covenant likewise recognises the principles of the presumption of innocence. It is a basic right that any suspect or person who is suspected of having committed or has committed an offense is respected of his dignity and right to be “presumed innocent”. Failure to observe this, such as the practice of showing the suspects face to the media and general public, is a violation of this right.

In the concluding observations of the Human Rights Committee under the International Covenant on Civil and Political Rights (ICCPR) dated 1 December 2003, under paragraph 6, the Committee reminded the State party to: ‘ensure that its legislation gives full effect to the rights recognised in the Covenant and that domestic law is harmonised with the obligations subscribed to under the Covenant’. Thus, the Philippine government is required to enact laws or measures to prohibit the practice but has failed to do so.

Additionally, the Committee expressed “concern about the reports of persistent and widespread use of torture and cruel, inhuman or degrading treatment or punishment of detainees by law enforcement officials and the lack of legislation specifically prohibiting torture”.

It is obvious that the Philippine government has failed to meet their obligations to the numerous international human rights instruments it has signed or ratified. While the Government recognises these rights entitlement to its citizens, in that it has signed international agreements recognising them, these rights are not enjoyed by the people as a result of the government’s inaction or unwillingness to ensure them. The Philippines has not abolished certain practices that are totally backward and contrary to human rights standards.

The proposed measures to prohibit the practice of parading suspects to the media and public presently pending before the House of Representatives has not shown any progress.

Your intervention is required in demanding the immediate prohibition of parading and showing the faces of arrested suspects to the media and the general public. In the absence of an enabling law, the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP) must issue administrative orders or guidelines to end or strictly prohibit this practice. The House of Representatives and the Senate must enact without delay an enabling law on this matter. The Commission on Human Rights (CHR) must take a proactive role to push for the enactment of this law in accordance with their Constitutional mandate.

Please also request media practitioners and organisations in the Philippines to consider not participating in this practice and to discourage it among their ranks. Media practitioners should be reminded of the Journalist Code of Ethics No. 8, which stipulates that: ‘I shall presume persons accused of a crime of being innocent until proven otherwise’. The media should also be reminded of their social responsibilities.

Urgent Appeals Programme
Asian Human Rights Commission
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