THE Commission on Human Rights has declared as unjustified the arrest and detention of journalists during the six-hour standoff last Nov. 29 at the Manila Peninsula hotel in Makati City.
There were also violations of “human rights to liberty, security, and freedom from arbitrary arrest and detention” during the arrest and processing of journalists following the six-hour standoff between government forces and the group of detained Army Brig. Gen. Danilo Lim and Sen. Antonio Trillanes IV, said CHR chair Leila de Lima.
In an Aug. 26 resolution, the CHR recommended that the case be referred to the Department of the Interior and Local Government and to the Philippine National Police for “internal inquiry.” (Download CHR resolution)
It also said the Department of Justice should conduct further investigations and file the appropriate cases under the Revised Penal Code and special laws on the rights of persons detained.
The National Union of Journalists of the Philippines, however, found the CHR resolution “wanting,” saying the commission could have recommended prosecution of those who violated the journalists’ rights instead of referring the cases to the DILG, PNP and DOJ.
“(H)ow can we expect a fair investigation by the Justice department when no less than Justice Sec. Raul Gonzalez prejudged the case when he issued an advisory urging media practitioners to “obey” authorities when it comes to incidents like the Manila Pen standoff?” the NUJP said in a statement.
In its resolution, the CHR also recommended that:
- The PNP disseminate its rules of engagement with the media and civilians during crisis situations and police and military operations.
- The military and police designate media relations officers who will coordinate with media during operations.
- The military and police refrain from issuing threats of arrests and future harm against media practitioners which, the commission said, undermine press freedom.
- The media respect police and military operations and in no way interfere in them.
- Congress pass a law on command responsibility to ensure accountability during police and military operations, and consider passing a law regulating the rules of engagement of the police and military with the media and the civilians during crisis situations.