CHR, NUPL contradict DILG's Diño, say human rights remain even during emergencies

The Commission on Human Rights (CHR) and the National Union of Peoples' Lawyers (NUPL) have reminded the public that human rights remain even in a state of national emergency.

"There are (rights) and there should be," the NUPL said in a bulletin on legal matters on government measures against the coronavirus disease (COVID-19).

"But under extraordinary circumstance and conditions, they can be regulated or limited. But even if so limited or regulated, they cannot be totally eradicated like a nasty plague or dissolved into scary invisible droplets especially through great leaps of logic," the NUPL said.

The CHR, for its part, said there may be "acceptable restrictions" on certain rights, like the freedom of movement being limited to support social distancing measures.

"But restrictions must also follow human rights standards, such that they should be lawful, necessary, proportionate, and should not be used to target specific groups, minorities, or individuals," the commission said in a statement. 

On Saturday, Interior Undersecretary Martin Diño claimed that human rights are suspended during a state of emergency.

"Wala na hong karapatan. Tandaan niyo, state of emergency ngayon. Ang karapatang pantao ay nawawala pagdating ng state of emergency, dahil pag state of emergency, ang first and foremost natin ay kaligtasan ng sambayanang Pilipino," he said in an interview on Super Radyo dzBB.

"Pagka ho meron tayong state of emergency, ‘yung writ of habeas corpus ay nawawala na po yan," he added.

The writ of habeas corpus is a legal remedy for questioning the legality of one's arrest. The 1987 Constitution provides that the president may suspend the privilege of the writ or declare martial law "in case of invasion or rebellion, when the public safety requires it."

Even then, the Constitution says "a state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus."

During martial law, the suspension of the privilege of the writ of habeas corpus applies only to persons charged in court "for rebellion or offenses inherent in, or directly connected with, invasion," according to Article VII, Section 18 of the Constitution. It adds that any person arrested should be charged within three days or be released.

President Rodrigo Duterte himself said the measures he has taken as a response to COVID-19 are not tantamount to martial law.

He has placed Luzon under an enhanced community quarantine, imposing sweeping restrictions on travel, a prohibition of mass gatherings, and the closure of most establishments in an effort to prevent the spread of the deadly infectious disease.

The president has also placed the Philippines under a state of calamity. Days prior, he declared a public health emergency due to the increasing number of COVID-19 cases in the country.

Because there is no imposition of martial law, the NUPL said all three branches of the government should be functional.

The NUPL also said that Republic Act No. 11332, or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act, "expressly states that the rights of people to liberty while maintaining and preserving public health and security must be respected."

The CHR repeated its call for human rights to be placed at the center of government measures in addressing the COVID-19 situation in the country.

"Hence, in implementing policies and actions in support of the enhanced community quarantine, government officials must always be conscious of not violating any rights. The protection of our human rights is very reason why we fight against COVID-19," it said. --KBK, GMA News