The Commission on Human Rights has since expressed concern on the manner by which Dr. Natividad ‘Naty’ Castro was arrested in February 2022 over charges of alleged kidnapping and serious illegal detention.
CHR noted that it was only after significant media coverage, national attention, and messages of support from members of the public did the Philippine National Police (PNP) decide to reveal the whereabouts of the accused to her legal counsel and to CHR investigators. There were also lapses with how the PNP served the warrant of arrest. At the time of her arrest, the law enforcement officers declined to show proper identification, denied the accused her access to counsel, and refused to divulge to her family where they intended to bring her.
We welcome the decision of the Bayugan City Regional Trial Court and its subsequent dismissal of the case against Dr. Castro. The action of the court affirms the importance of upholding the fundamental right to due process for all persons regardless of their perceived political affiliation, ideological leaning, or any other identifier, such as gender or profession.
As underscored in the court decision, the lack of subpoena as part of the preliminary investigation “defeats the purpose of preventing the innocents exposing to the risk of incarceration, inevitable anxiety, aggravation, humiliation, not to speak of expense, and the right to an opportunity to avoid a painful process is a valuable right.” CHR echoes the crucial point made by the court that such omission of a process, regardless of intent, violates a person’s right to liberty.
In light of the dismissal of the case, CHR expects that the accountability of arresting officers will also be ensured as per the rules of PNP’s operations procedure and under Republic Act No. 7438 on the rights of persons arrested and detained.
Dr. Castro was also previously red-tagged for her work as a physician for indigenous peoples and their communities. The manner and circumstance of Dr. Castro’s arrest show the dangers and the harm caused by the red-tagging of human rights defenders, including health workers, who choose to serve minority groups and remote rural areas. The case of Dr. Castro demonstrates the essence of upholding the rule of law at all times across all pillars of justice namely, law enforcement, prosecution, judiciary, penology, and the community.
CHR stresses that laws should not be used to intimidate nor threaten any individual or group due to the nature of their advocacy, affiliation, profession, or political beliefs. Red-tagging and circumvention of due process are unacceptable practices that can pose irreversible harm to an individual’s rights and dignity. As the primary duty-bearer of respecting, protecting, and fulfilling human rights, it is incumbent upon the government to be equal and just in applying the rule of law and due process to all persons and regardless of circumstance. ###