The Commission on Human Rights (CHR) said the police officers who barged into the house and, without showing identification papers, arrested Dr. Natividad “Naty” Castro should be held accountable.
In a statement issued by Spokesperson Jacqueline Ann de Guia, the CHR said that Castro was also denied her right to counsel and her family members were not informed where she would be brought.
"CHR noted that it was only after significant media coverage, national attention, and messages of support from members of the public, the PNP (Philippine National Police) decided to reveal the whereabouts of the accused (Dr. Castro) to her legal counsel and to CHR investigators," De Guia said.
The regional trial court (RTC) in Bayugan City, Agusan del Sur has dismissed the kidnapping and serious illegal detention charges against Castro.
Judge Fernando Fudalan Jr. ruled that Castro, among other issues, was deprived of her right to notice and hearing during the preliminary investigation of the charges filed against her.
Castro was one of about 300 accused in the case involving the alleged kidnapping and illegal detention of a member of the Citizen Armed Force Geographical Unit (CAFGU) in December 2018.
The CHR lauded the RTC’s decision.
"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," De Guia said.
She pointed out that the omission of a process (in the preliminary investigation of a criminal complaint), regardless of intent, violates a person's right to liberty.
With the dismissal of the case against Castro, the CHR is expecting that the arresting officers will face accountability in accordance with the PNP’s operations procedure and under Republic Act No. 7438 on the rights of persons arrested and detained, she stressed.
She also said that the CHR has been stressing that laws should not be used to intimidate nor threaten any individual or group as it constantly points out that red-tagging is unacceptable because it causes "irreversible harm" to an individual's rights and dignity.
"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," De Guia said.
"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," she added.