Uphold human rights in tambay round-up – CHR

CEBU CITY—The Commission on Human Rights (CHR) in Central Visayas reminded the authorities to respect human rights in carrying out the campaign against tambays or street loiterers.

Arvin Ordon, CHR regional director, said there should be clear guidelines in implementing President Duterte’s directive to intensify the drive against tambays.

“We are requesting the Philippine National Police to give us the guidelines on what authority they are making arrests. We want to know what’s their legal basis and the circumstances when they make arrests,” said Ordon.

Ordon said CHR is aware of existing ordinances that prohibits drinking in public places or roaming the streets without shirts.

But preventing people from going to public places without the intention of committing a crime is a different story, he said.

“All persons have natural rights to freedom of movement. In the first place, if it’s a public place, then a person has the right to go to that place. It’s not a crime. You cannot arrest a person on a mere reason that he was caught loitering on the streets unless there is a law that punishes it,” Ordon said.

He stressed that a warrant is needed when making an arrest.

“As a general rule, an arrest must be preceded with a valid arrest warrant,” Ordon said.

Ordon explained that under rule 113, section 5 of the Rules of Criminal Procedure, a warrantless arrest can only be made if a person is caught in the act of committing a crime, the arrest was made during a hot pursuit operation or, a jail escapee is the subject of the arrest.

“The CHR will definitely react if the arrest has no legal basis. If someone is arrested without legal basis, that’s blatant violation of the right of liberty,” Ordon said.

Ordon said that while CHR understands the intention of the campaign, it must be done in accordance with the law.

“We are advising law enforcers to respect the law. The law must prevail. However good, however praiseworthy, however noble the intention if it’s not in accordance with the law, it is practically useless because the law must prevail,” he said.

The Cebu City police and the Cebu provincial police have started rounding up street loiterers but no arrests have been made.

Since yesterday, the city police has rounded up at least 165 individuals, while 404 individuals were apprehended or invited to police stations by the provincial police.

“So far, we have not made a single arrest. We brought them to sports gyms and briefed them about Oplan Tambay. We will launch the campaign next week and maybe in the first few days, we will still be issuing warnings,” said Sr. Supt. Joel Doria, city police chief.

Sr. Supt. Manuel Abrugena, provincial police director, said those brought to police stations were minors.

“Accompanied by social workers, we brought them to police stations for their parents to pick them up,” said Abrugena.