No more night arrests for NBI

Agents fond of late-night arrest sprees will have to drop the habit.

Department of Justice (DOJ) Secretary Raul Gonzalez ordered the National Bureau of Investigation (NBI) yesterday to stop conducting "nocturnal warrantless arrests," lest agents find themselves charged with human rights abuses.

Gonzalez issued the order to NBI Director Reynaldo Wycoco and NBI Region 4 director Oscar Embido after a congressman from a northern province complained that his daughter along with her husband and friends were apprehended recently for allegedly traveling on motorcycles that were undocumented.

According to Gonzalez, the congressman, whom he did not identify, said his daughter and her companions were accosted at around 11 p.m. while having coffee in Starbucks at The Fort commercial area in Taguig.

In justifying the nocturnal bust, the NBI agents said they violated the Tariff and Customs Code.

But Gonzalez said that in such cases, they could have simply confiscated the vehicles in question.

"You are directed to cease and desist from arresting… alleged suspects during night-time operations," the DOJ chief said in the order.

He told Wycoco and Embido that the NBI can only perform such operations during the night if the agents are "arresting fugitives from justice, or escaped prisoners" and in accordance with the "rules of hot pursuit."

"This is a big opening for abuse if not properly guided," Gonzalez said, noting that "strong pieces of evidence that a crime has been committed" must be present for after-dark operations.

Such operations are allowed "if the crime is serious and there are strong reasons to believe that the suspect or suspects must be neutralized in order to maintain peace and order in the community, especially crimes against national security," Gonzalez said.

If these circumstances are present and arrest is necessary, the justice secretary said the NBI should immediately request an inquest prosecutor to conduct inquest proceedings and inform the arrested persons about the situation, who will then undergo tactical interrogation and be offered their right to counsel of choice.