CDI 3.
SPECIALIZED
CRIME
INVESTIGATION
INTRODUCTION OF SPECIALIZED CRIME INVESTIGATION
INTRODUCTION
THE COVERED OF THIS SUBJECT ITS ABOUT THE CONCEPT OF
HUMAN RIGHTS AND VICTIMS’ WELFARE, THE NATURE OF
TRANSNATIONAL AND ORGANIZED CRIMES, THEIR ATTRIBUTES
AND CATEGORIES. IT ALSO INCLUDES INTERNATIONAL AND
LOCAL ORGANIZED CRIME GROUPS. LIKEWISE, IT FOCUSES ON
INTERROGATION AND INTERVIEW AS WELL AS THE RIGHTS OF
THE ACCUSED DURING CUSTODIAL INVESTIGATION
WHAT ARE THE HUMAN
RIGHTS???
THE CONCEPTS OF HUMAN RIGHTS
INCLUDING THE RIGHTS OF A PERSON
UNDER CUSTODIAL INVESTIGATION
WHAT ARE HUMAN RIGHTS?
1. HUMAN RIGHTS ARE RIGHTS THAT EVERY HUMAN BEING HAS BY
VIRTUE OF HIS OR HER HUMAN DIGNITY
2. HUMAN RIGHTS ARE THE SUM OF INDIVIDUAL AND COLLECTIVE
RIGHTS LAID DOWN IN STATE CONSTITUTIONS AND INTERNATIONAL
LAW
3. HUMAN RIGHTS ARE MANIFOLD
EXAMPLES OF HUMAN
IN THE AREA OF CIVIL ANDRIGHTS
POLITICAL RIGHTS
• • RIGHT TO LIFE
• • FREEDOM FROM TORTURE AND CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
• • FREEDOM FROM SLAVERY, SERVITUDE AND FORCED LABOR
• • RIGHT TO LIBERTY AND SECURITY OF PERSON
• • RIGHT OF DETAINED PERSONS TO BE TREATED WITH HUMANITY
• • FREEDOM OF MOVEMENT
• • RIGHT TO A FAIR TRIAL
• • PROHIBITION OF RETROACTIVE CRIMINAL LAWS
• • RIGHT TO RECOGNITION AS A PERSON BEFORE THE LAW
• • RIGHT TO PRIVACY
EXAMPLES OF HUMAN
RIGHTS
• • FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION
• • FREEDOM OF OPINION AND EXPRESSION
• • PROHIBITION OF PROPAGANDA FOR WAR AND OF INCITEMENT TO NATIONAL,
RACIAL OR RELIGIOUS HATRED
• • FREEDOM OF ASSEMBLY
• • FREEDOM OF ASSOCIATION
• • RIGHT TO MARRY AND FOUND A FAMILY
• • RIGHT TO TAKE PART IN THE CONDUCT OF PUBLIC AFFAIRS, VOTE, BE ELECTED AND
HAVE ACCESS TO PUBLIC OFFICE
IN THE AREA OF ECONOMIC,
SOCIAL AND CULTURAL RIGHTS
• • RIGHT TO WORK
• • RIGHT TO JUST AND FAVORABLE CONDITIONS OF WORK
• • RIGHT TO FORM AND JOIN TRADE UNIONS
• • RIGHT TO SOCIAL SECURITY
• • PROTECTION OF THE FAMILY
• • RIGHT TO AN ADEQUATE STANDARD OF LIVING, INCLUDING ADEQUATE FOOD,
CLOTHING AND HOUSING
• • RIGHT TO HEALTH
• • RIGHT TO EDUCATION
IN THE AREA OF COLLECTIVE
RIGHTS
• RIGHT OF PEOPLES TO:
– SELF-DETERMINATION
– DEVELOPMENT
– FREE USE OF THEIR WEALTH AND NATURAL RESOURCES
– PEACE – A HEALTHY ENVIRONMENT
• OTHER COLLECTIVE RIGHTS:
– RIGHTS OF NATIONAL, ETHNIC, RELIGIOUS AND LINGUISTIC MINORITIES
– RIGHTS OF INDIGENOUS PEOPLES
BASIC HUMAN RIGHTS
PRINCIPLES
“HUMAN RIGHTS ARE FOREIGN TO
NO CULTURE AND NATIVE TO ALL
NATIONS; THEY ARE UNIVERSAL.”
KOFI A. ANNAN, FORMER SECRETARY-GENERAL OF THE UNITED NATIONS, ADDRESS AT
THE UNIVERSITY OF TEHRAN ON HUMAN RIGHTS DAY, 10 DECEMBER 1997
HUMAN RIGHTS: A WESTERN
CONCEPT?
BASED ON UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND
CULTURAL ORGANIZATION (UNESCO) IN 1968- THE CONCEPT OF
HUMAN RIGHT IS ABOUT THE CONCEPTS OF JUSTICE, AN
INDIVIDUAL’S INTEGRITY AND DIGNITY, FREEDOM FROM
OPPRESSION AND PERSECUTION, AND INDIVIDUAL
PARTICIPATION IN COLLECTIVE ENDEAVORS THAT ARE
ENCOUNTERED IN ALL CIVILIZATIONS AND PERIODS.
BASED ON THE WESTERN CONCEPT
• HUMAN RIGHTS ARE INALIENABLE
-HUMAN RIGHTS ARE INALIENABLE INSOFAR AS NO PERSON MAY BE DIVESTED
OF HIS OR HER HUMAN RIGHTS, SAVE UNDER CLEARLY DEFINED LEGAL
CIRCUMSTANCES. FOR INSTANCE, A PERSON’S RIGHT TO LIBERTY MAY BE
RESTRICTED IF HE OR SHE IS FOUND GUILTY OF A CRIME BY A COURT OF LAW
AT THE CLOSURE OF A FAIR TRIAL.
HUMAN RIGHTS ARE INDIVISIBLE AND
INTERDEPENDENT
- HUMAN RIGHTS ARE INDIVISIBLE AND INTERDEPENDENT. BECAUSE
EACH HUMAN RIGHT ENTAILS AND DEPENDS ON OTHER HUMAN
RIGHTS, VIOLATING ONE SUCH RIGHT AFFECTS THE EXERCISE OF
OTHER HUMAN RIGHTS. FOR EXAMPLE, THE RIGHT TO LIFE
PRESUPPOSES RESPECT FOR THE RIGHT TO FOOD AND TO AN
ADEQUATE STANDARD OF LIVING. DENIAL OF THE RIGHT TO BASIC
EDUCATION MAY AFFECT A PERSON’S ACCESS TO JUSTICE AND
PARTICIPATION IN PUBLIC LIFE.
WHICH STATE OBLIGATIONS ARISE
FROM HUMAN RIGHTS?
AS INTERNATIONAL LAW CURRENTLY STANDS, STATES ARE THE
PRIMARY DUTY-BEARERS OF HUMAN RIGHTS OBLIGATIONS. IN
PRINCIPLE, HOWEVER, HUMAN RIGHTS CAN BE VIOLATED BY ANY
PERSON OR GROUP, AND IN FACT, HUMAN RIGHTS ABUSES COMMITTED
BY NON-STATE ACTORS (SUCH AS BUSINESS ENTERPRISES, ORGANIZED
CRIMINAL GROUPS, TERRORISTS, GUERRILLA AND PARAMILITARY
FORCES AND INTERGOVERNMENTAL ORGANIZATIONS) ARE ON THE
INCREASE.
INTERNATIONAL HUMAN RIGHTS TREATIES AND
CUSTOMARY LAW IMPOSE THREE OBLIGATIONS ON
STATES: THE DUTY TO RESPECT; THE DUTY TO
PROTECT; AND THE DUTY TO FULFIL. WHILE THE
BALANCE BETWEEN THESE OBLIGATIONS MAY VARY
ACCORDING TO THE RIGHTS INVOLVED, THEY APPLY
TO ALL CIVIL, POLITICAL, ECONOMIC, SOCIAL AND
CULTURAL RIGHTS. MOREOVER, STATES HAVE A DUTY
TO PROVIDE A REMEDY AT THE DOMESTIC LEVEL FOR
HUMAN RIGHTS VIOLATIONS.
THE THREE OBLIGATION
• OBLIGATION TO RESPECT
-THE“OBLIGATION TO RESPECT” MEANS THAT STATES ARE OBLIGED TO REFRAIN
FROM INTERFERING IN THE ENJOYMENT OF RIGHTS BY INDIVIDUALS AND
GROUPS. IT PROHIBITS STATE ACTIONS THAT MAY UNDERMINE THE ENJOYMENT
OF RIGHTS. FOR EXAMPLE, WITH REGARD TO THE RIGHT TO EDUCATION, IT
MEANS THAT GOVERNMENTS MUST RESPECT THE LIBERTY OF PARENTS TO
ESTABLISH PRIVATE SCHOOLS AND TO ENSURE THE RELIGIOUS AND MORAL
EDUCATION OF THEIR CHILDREN IN ACCORDANCE WITH THEIR OWN
CONVICTIONS.
OBLIGATION TO PROTECT
THE “OBLIGATION TO PROTECT” REQUIRES STATES TO PROTECT INDIVIDUALS
AGAINST ABUSES BY NON-STATE ACTORS, FOREIGN STATE AGENTS, OR STATE
AGENTS ACTING OUTSIDE OF THEIR OFFICIAL CAPACITY. THE OBLIGATION
ENTAILS BOTH A PREVENTATIVE AND REMEDIAL DIMENSION. A STATE IS THUS
OBLIGED TO ENACT LEGISLATION PROTECTING HUMAN RIGHTS; TO TAKE ACTION
TO PROTECT INDIVIDUALS WHEN IT IS AWARE (OR COULD HAVE BEEN AWARE) OF
THREATS TO THEIR HUMAN RIGHTS; AND ALSO TO ENSURE ACCESS TO IMPARTIAL
LEGAL REMEDIES WHEN HUMAN RIGHTS VIOLATIONS ARE ALLEGED. ONCE AGAIN,
THE RIGHT TO EDUCATION CAN SERVE AS AN EXAMPLE. THE RIGHT OF CHILDREN
TO EDUCATION MUST BE PROTECTED BY THE STATE FROM INTERFERENCE AND
INDOCTRINATION BY THIRD PARTIES, INCLUDING PARENTS AND THE FAMILY,
TEACHERS AND THE SCHOOL, RELIGIONS, SECTS, CLANS AND BUSINESS FIRMS.
OBLIGATION TO FULFIL
ACCORDING TO THE “OBLIGATION TO FULFIL”, STATES ARE REQUIRED TO TAKE
POSITIVE ACTION TO ENSURE THAT HUMAN RIGHTS CAN BE REALIZED. THE EXTENT
OF THE OBLIGATION TO FULFIL VARIES ACCORDING TO THE RIGHT CONCERNED AND
THE STATE’S AVAILABLE RESOURCES. GENERALLY SPEAKING, HOWEVER, STATES
SHOULD CREATE “THE LEGAL, INSTITUTIONAL AND PROCEDURAL CONDITIONS THAT
RIGHTS HOLDERS NEED IN ORDER TO REALIZE AND ENJOY THEIR RIGHTS IN FULL.”1 IN
RESPECT OF THE RIGHT TO EDUCATION, FOR INSTANCE, STATES MUST PROVIDE WAYS
AND MEANS FOR FREE AND COMPULSORY PRIMARY EDUCATION FOR ALL, FREE
SECONDARY EDUCATION, HIGHER EDUCATION, VOCATIONAL TRAINING, ADULT
EDUCATION, AND THE ELIMINATION OF ILLITERACY (INCLUDING SUCH STEPS AS
SETTING UP ENOUGH PUBLIC SCHOOLS OR HIRING AND REMUNERATING AN
ADEQUATE NUMBER OF TEACHERS).
