SOFT LAW INSTRUMENTS AND EXAMPLES

In addition to the safeguards provided by the Constitution, adequate remedies in the ordinary course of law against abuses and violations of human rights committed by erring public officers are available including the following:

1. R.A. No. 7438 (An Act Defining Certain Rights of Persons Arrested, Detained or Under Custodial Investigation as Well as the Duties of the Arresting, Detaining and Investigating Officers, and Providing Penalties for Violations Thereof);

2. R.A. No. 9372 or the Human Security Act of 2007;

3. R.A. No. 9745 or the Anti-Torture Act of 2009; and

4. Writs of Amparo (A.M. No. 07-9-12-SC) and Habeas Data (A.M. No. 08-1-16-SC); and

5. Universal Declaration of Human Rights (UDHR).

In relation to the international human rights principles established under the Universal Declaration of Human Rights (UDHR), the law enforcement officials are also guided by the principles and safeguards declared in the International Covenant on Civil and Political Rights. Soft law instruments of particular relevance to law enforcement include United Nations' (UN) Basic Principles [o]n the Use of Force and Firearms by Law Enforcement Officials (BPUFF),^[83] Code of Conduct for Law Enforcement Officials (CCLEO),^[84] Standard Minimum Rules for the Treatment of Prisoners (SMR),^[85] Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (Body of Principles),^[85] and Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (Victims Declaration).^[86] These instruments uphold the principles of legality, proportionality, necessity, and accountability in situations involving the use of force by law enforcers.