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Statement of CHR spokesperson, Atty Jacqueline Ann de Guia, on arrests being made during the pandemic

Ensuring the rule of law means that the protection of our fundamental rights are guaranteed. Such principle rests on the idea that laws are not only enforced, but applied at all times—consistent and without exception. Perpetrators of violations must be held to account.

However, arrests during the current pandemic are a cause of concern as they appear to violate the government’s own health and safety guidelines, such as physical distancing. This was the same observation coming from Commissioner Gwendolyn Pimentel-Gana, focal commissioner for the Protection Cluster, of the Commission on Human Rights.

We note recent incidences, such as the arrests made in a Makati bar for allegedly violating quarantine restrictions and and during the Pride protest in Mendiola, Manila.

We urge the law enforcers to adhere to government’s own health protocols and serve as good examples for the rest of the citizens to follow.

At the same time, this reminder comes at a time when the Philippine National Police also notes a rise in the case of police officers testing positive for Covid-19. It would then be to the benefit of our police officers to help curb the trend of possible more infections by being more conscious of their actions.

In the end, we remind the government that the declaration of national health emergency should put the human right to health at the centre of its efforts. The pandemic cannot be won through law enforcement policies alone, but rather by approaching this national crisis with a comprehensive approach that balances the rule of law, protecting the health of the nation, and upholding human rights. ###

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