Due to the reported increase in the arrests of persons for alleged criminal offenses, the Commission on Human Rights (CHR) reminded them of their rights if they are arrested and while in police custody for investigation.

Foremost of these rights, the CHR said, are the rights to remain silent and to be assisted by a lawyer of his or her own choice. If the arrested individual cannot afford a lawyer, he or she will have to provided by the police.

Also, the CHR stressed that arrested persons and those under investigation have the right to be visited and spoken to by any member of their immediate family, doctor, priest, or minister of the religion of their choice with the help of non-governmental organizations, whether local or international.

In its Twitter post, the CHR said that custodial investigation applies to anyone who is arrested and investigated while he or she is in the custody of the police.

It said these individuals who are “invited” by the police or authorities at the precinct or station will be subject to investigation in accordance with the law, and they will be questioned or investigated for allegedly violating the law.

The rights of arrested persons and those undergoing investigation while in the custody of law enforcement agencies are spelled out in Republic Act No. 7438, the Act Defining Certain Rights of Persons Arrested, Detained or Under Custodial Investigation as Well as the Duties of the Arresting, Detaining and Investigating Officers.”

Among other things, the law provides that a report on custodial investigation should be in writing and should be read and explained to the arrested person under the guidance of a lawyer.

Also, the judicial confession by an arrested person or those in custody of the police, must be in writing and signed by such person in the presence of his counsel or in the presence of his family members or a public official or school supervisor or a priest or minister.

Among the penalties for violations of RA 7438:

“Any arresting public officer or employee, or any investigating officer, who fails to inform any person arrested, detained or under custodial investigation of his right to remain silent and to have competent and independent counsel preferably of his own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10) years, or both.

“The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of such investigating officer or in his place, who fails to provide a competent and independent counsel to a person arrested, detained or under custodial investigation for the commission of an offense if the latter cannot afford the services of his own counsel.

“Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a person arrested, detained or under custodial investigation, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, from visiting and conferring privately with him, or from examining and treating him, or from ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less than four (4) years nor more than six (6) years, and a fine of four thousand pesos (P4,000.00).”