Thursday, January 17, 2013

The Criminals' Right

All humans have basic rights. Criminals are humans. Therefore, criminals have basic rights.

This syllogism, although to my mind is valid, is for some hard to accept,  or is simply unacceptable. For how can someone possess a right and yet trample upon another's right? How can someone's constitutional right to due process be protected when other's right to life is violated? Which right should be given more weight? To whom should the balance be tilted?

Take the Vic Siman et al ambush or rub-out or checkpoint-gone-bad (depending on whom you are listening to), which happened in Atimonan, Quezon on January 6, 2013. Vic Siman and 12 others who were with him were believed to be members of a criminal group.

If indeed Vic Siman et al were members of a criminal group, then they shall punished. But how? The answer is, they shall be punished in ways that do not violate the law and the Constitution. The rule of law must be upheld at all times.

That criminals must be pursued is beyond debate. But, to cite Justice Isagani Cruz, “Zeal in the pursuit of criminals cannot ennoble the use of arbitrary methods that the Constitution itself abhors."

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