3bprisonersofwar q what are the rights and privileges

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: through the legal process? A: No. Q: Is an extradition proceeding a criminal proceeding? A: No. Extradition is not a criminal proceeding which will call into operation all the rights of an accused provided in the bill of rights. Q: Is a petition for bail valid in extradition cases? A: Yes. The Philippines, along with other members of the family of nations, committed to uphold the fundamental human rights as well as value the worth and dignity of every person. The commitment is enshrined in Section 11, Article II of our Constitution which provides: “The State values the dignity of every human person and guaranteed full respect for human rights.” The Philippines, therefore, has the responsibility of protecting and promoting the right of every person to liberty and due process, ensuring that those detained or arrested can participate in the proceedings before a court, to enable it to decide without delay on the legality of the detention and order their release if justified. In other words, the Philippine authorities are under obligation to make available to every person under detention ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 249 UST GOLDEN NOTES 2011 such remedies which safeguard their fundamental right to liberty. These remedies include the right to be admitted to bail. (Government of Hong Kong Special Administrative Region, represented by the Philippine Department of Justice v. Olalia, Jr., G.R. No. 153675, April 19, 2007) Q: What are the rights of a person arrested and detained in another State? A: 1. Right to have his request complied with by the receiving State to so inform the consular post of his condition 2. Right to have his communication addressed to the consular post forwarded by the receiving State accordingly 3. Right to be informed by the competent authorities of the receiving without delay his rights as mentioned above Q:...
View Full Document

This document was uploaded on 03/12/2014.

Ask a homework question - tutors are online