CHR watches cops do ‘tambay’ arrests

By NITZ ARANCON, Correspondent .

THE Commission on Human Rights said it was keeping an eye on the police as it started its so-called “anti-tambay” operations in the city even as a councilor and a former vice mayor warned overzealous law enforcers who arrest citizens without solid bases.

Lawyer Roschelle Bagas, CHR’s legal section chief for northern Mindanao, said the Commission wants to make sure that citizens’ rights and liberties would not be trampled on in the police campaign that started in the city on Thursday night.

This came even as Councilor Teodulfo Lao Jr. urged the Cagayan de Oro City Police Office to know the boundaries, and not to arrest citizens in private property even when they are into binge drinking.

Lao said there are many privately owned places in the city that are open for public use.

“Kanang sidewalks sa Limketkai, private property man na pero gigamit sa general public. Dili pwede dakpon sa police ang mag-inom diha kay iya man kana sa pribado,” he said.

Neither can the police arrest those into binge drinking within the rotunda or Rodelsa Circle, pointing out that while it is being used by the public, it is private property.

Lao said this in the wake of reports that officers have been arresting people having intoxicating drinks outside convenience stores, including those in privately owned gas stations.

Former vice mayor Antonio Soriano, a lawyer, said officers cannot arrest just about any “tambay” they wish to bring to their police station for detention.

“Kon magtambay lang ka diha daplin sa dalan kay nagpahangin, walay dala nga illegal nga mga butang, wala magsaba-saba, ah, dili ka puwede dakpon sa pulis kay violation kana sa imong human rights,” Soriano said.

The police may ask the “tambay” to go home but not impose on citizens, Soriano said. Those who don’t leave cannot be arrested for refusing to heed the police request, he said.

Soriano said the only time the police could arrest the “tambay” is if they have violated laws or if they get physical or violent in their response to the request for them to leave and go home.

Bagas said there were protocols that the police need to follow in arresting people, adding that law enforcers should be careful because being “tambay” is different from being a criminal. She said the “tambay” are not necessarily criminals.

“Kung na-ay bala-od nga matindogan, whether national law or ordinance, and then ang tao nga na-a sa dalan in the act of committing a violation, pwede na siya dakpon,” Bagas said.

She also said the police should make it a point to tell citizens they arrest of their violation and their rights, including the right to be represented by lawyers and the option to remain silent, among others.

The CHR, she said, would look into how those arrested were being treated in custodial facilities of police stations, Bagas said.

Councilor Lao said he would ask the city council today to go over City Ordinance 5133-95 that prohibits the consumption of intoxicating drinks in public plazas, parks, roads, sidewalks and alleys. He said the 1995 ordinance needs to be amended.

Lao said there was a need for the city council to specify and clearly define places in the ordinance where drinking liquor or alcoholic beverages is not allowed.

He said there are many establishments in the city with outdoor extensions beside alleys and sidewalks.

“Kon mag-inom ka sa imong private alley kilid sa imong balay, unya ang imong private alley abay ra pud sa public alley nga gipanag-iya sa gobyerno, ah, dili pa pwede dakpon sa police kay wala man ka mag-inom sa alley nga iya sa gobyerno. Na-a ra man ka nag-inom sa imong private alley, apan adjacent sa  public alley,” Lao explained.

For his part, Soriano said the police officers tasked to carry out the “anti-tambay” campaign need to be oriented and trained by the Department of Interior and Local Government and the National Police.

He said it is important for the officers to know exactly which kind of “tambay” to arrest based on the government’s definition.

Soriano also called on authorities to check on the business permits issued to establishments that sell liquor to adults. The police, he said, can be accompanied by representatives from city hall’s licensing division.

He said there is a need to see if the establishments that sell intoxicating drinks are allowed to be venues for binge drinking.

“Na-a poy business establishment nga ang ilang business license, authorized  sila nga magbaligya sa liquor ug magpa-inom sulod ug gawas sa ilang establishment. Kini ang dapat susihon da-an sa mga police  ug licensing division sa city hall,”  Soriano said.