Similarly, you have the right to call or have access to a lawyer at any time during the ordeal of arrest or detention. LRWC writes in response to information from reliable sources that Yolanda Diamsay Ortiz (Ortiz), 46, Eulalia Ladesma (Ladesma), 44, Edzel Emocling (Emocling), 23, and Rachel Galario (Galario), 20, (together peasant activists) were illegally arrested and detained by the best operational support unit of the Philippine National Police (CIDG) and elements of the 7th Infantry Division in Sitio Bangkusay. Brgy. Talabutab Norte, Natividad, Nueva Ecija. Emocling and Galario were charged with illegal possession of weapons and released on bail on 17 October 2019. Ladesma and Ortiz were charged with possession of explosives and remain in custody. [1] The death penalty is the death penalty if the abduction or detention for the purpose of extorting a ransom was committed by the victim or another person, even if none of the above circumstances existed at the time the offence was committed. As can be seen from the above-mentioned legal provisions, arbitrary detention is committed by a State official, while the crime of unlawful arrest may be committed by both public officials and private individuals. Furthermore, the essence of the crime of arbitrary detention is the detainment of a person without a lawful reason, whereas in the case of unlawful arrest, the essence of the offence is to arrest a person without legal grounds in order to hand him over to the competent authorities. 267 Abduction and serious unlawful detention. – Any private person who abducts, imprisons or otherwise deprives another person of his liberty shall be liable to life imprisonment until death: an official who, in the exercise of an official function or authority, arrests and detains a person without lawful reason is responsible for unlawful detention.

However, if the officer does not have this power and the arrest was made for the purpose of surrendering the person to the appropriate authorities, the offence committed constitutes an unlawful arrest. LRWC opposes the abuse of criminal power to arrest, imprison and prosecute activists in the Philippines for exercising their democratic rights to dissent and advocacy. The arrest and continued detention are arbitrary and violate Philippine domestic law and its obligations under international law. The Philippine government appears to be falsely using criminal powers to silence and punish community members who demand reforms to address Filipino farmers` unequal access to equality, employment, and farmers` advocacy rights. Her Excellency Petronila P. Garcia, Ambassador of the Philippines to Canada art. Art. 268. – The sentence of temporary isolation is imposed on any individual who commits the crimes described in the following article above without the presence of one of the circumstances listed therein.

If you apply the above in your friend`s current situation, the Barangay Tanod may be held responsible for arbitrary detention if he was detained without lawful grounds. However, if your friend has been illegally arrested to bring him to justice, the Barangay Tanod may be held responsible for an unlawful arrest. “If the arrest took place without a judicial decision without a legal basis, the arresting officers shall be arbitrarily detained in accordance with Article 124. However, if the arresting officers are not among those whose duties confer the power to arrest, they shall be unlawfully detained in accordance with articles 267 or 268. Where the purpose of the arrest is to surrender the arrested person to the competent authorities but is made without reasonable grounds or in any of the circumstances justifying a valid arrest without a warrant, the persons making the arrest shall be unlawfully arrested in accordance with article 269. According to the above, the Philippines is required by law to take measures that protect the right to liberty, the right not to be arbitrarily detained, freedom of expression, association and assembly, the right to participate in public affairs, the presumption of innocence, release in pre-trial proceedings, the right to a fair trial before a competent, impartial and independent civilian court, and the right not to be subjected to torture and other cruel acts. ensure effectively. inhuman and degrading treatment or punishment (ill-treatment). Subject matter: Unlawful arrest, detention and torture of peasants` rights activists As can be seen from the definitions cited above, arbitrary detention is committed by a public official, while both officials and individuals may commit the crime of unlawful arrest. The essence of the crime of arbitrary detention is the detention of a person by a public official without legitimate reason. In case of unlawful arrest, the crime is the arrest of a person without legal grounds for the purpose of handing him over to the competent authorities.

Conversely, arbitrary detention is considered if the public official merely arrests a person without intending to bring him before the competent authorities. Arrests, detentions violate rights and are arbitrary The United Nations Working Group on Arbitrary Detention (WGAD) has defined detention as arbitrary if one or more of the following conditions are met. [12] Article 124 PRC provides that arbitrary detention must be committed by any public official or employee who detains a person without any legal basis. On the other hand, article 269 of the Code provides that an unlawful arrest is made by a person who, in cases other than those authorized by law or without reasonable grounds, arrests or arrests another person with a view to surrendering him to the competent authorities. I would like to seek clarification on the difference between the crime of arbitrary detention and unlawful arrest. My friend was reportedly illegally arrested and detained by the barangay tanod (village police) for no apparent reason. I perceive the actions of the barangay tanod as an abuse of power. What is the right case to take against him? Under international law, which has been confirmed by the High Representative`s Committee, pre-trial detention is considered an extraordinary measure that can only be applied if a competent court has determined that there is a proven risk of absconding, reoffending or tampering with evidence and that detention is the only way to prevent the identified risk of release. Persons arrested for a criminal offence may not be remanded in custody prior to trial, unless there are sufficient indications to prevent the person from absconding, disturbing witnesses or posing a clear and grave danger to others, and there are no other alternatives. To briefly explain and compare the difference between the crime of arbitrary detention and unlawful arrest, we will refer to the Revised Penal Code (PRC) of the Philippines, which provides the legal definition of these crimes. In the light of the Philippines` international human rights obligations, as outlined above, arrests, detentions and possible acts of torture constitute the unlawful exercise of criminal powers and violate the provisions of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention against Torture and the Constitution. Arrests, detentions, torture and ill-treatment violate protected rights to liberty, freedom of expression, freedom of association, freedom of assembly and participation in public affairs, release before trial, freedom from arbitrary detention, presumption of innocence, legal representation, a fair trial before a duly constituted, impartial, competent, independent tribunal free from torture and ill-treatment.

The Philippine police and military carried out the arrests without a warrant, and the detainees were denied access to a court competent to determine the lawfulness of the detention and the right to release prior to trial.