The CHRP, was created under the 1987 Constitution,266 and its powers and functions are laid out in Executive Order No. 163.267 Although the Sub-Committee on Accreditation of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights has given the CHRP an “A rating”, which means that it fully complies with the Paris Principles, the set of international standards which frame and guide the work of NHRIs, it is not perceived to be independent by civil society organizations in the country. 268 The CHRP is neither a court nor a body that exercises judicial power. 269 Hence, review by the CHRP of a person’s detention on any ground is inconsistent with the requirement set out in Article 9(3) of the ICCPR, that any person arrested or detained on a criminal charge must be brought promptly before a judge or other officer authorized by law to exercise judicial power. The Government of the Philippines, in its response to the UN Special Rapporteur’s concerns regarding the power of the CHRP under Section 19 of the HSA, stated that the CHRP is an independent office and “not composed of members of the executive branch”.270 However, it must be emphasized that independent and impartial judicial oversight of detention is essential since it serves to safeguard the right to liberty and, in criminal cases, the presumption of innocence. Furthermore, judicial oversight aims to prevent human rights violations, including torture or other ill-treatment, arbitrary detention and enforced disappearance. It cannot be emphasized enough that it is necessary for the judge or judicial authority to examine whether there are sufficient legal reasons for the arrest or detention, and to order release if not; to safeguard the well-being of the detainee; and to prevent violations of the detainee’s rights. Furthermore, if the initial detention or arrest was lawful, the judge or judicial authority shall assess whether the individual should be released from custody and if any conditions should be imposed, or in criminal cases, whether remand in detention pending trial is necessary and proportionate.271 Moreover, in order to meet the requirement of promptness set out in Article 9(3) of the ICCPR and in view of the heightened risk of arbitrary detention or ill-treatment in such cases, the requirement to bring an arrested or detained person before a judge within 3 days under Sections 18 and 19 of the HSA must be reduced. The UN Human Rights Committee has clarified in its General Comment 35, adopted in October 2014, that “delays should not exceed a few days from the time of arrest”. In the view of the Committee, 48 hours is ordinarily sufficient to transport the individual and to prepare for the judicial hearing. Any 266 Article XIII, Sections 17 to 19 of the 1987 Constitution. 267 Section 3 of Executive Order No. 163: The Commission on Human Rights shall have the following powers and functions: · Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights; · Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court; · Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad and provide for preventive measures and legal aid services to the under-privileged whose human rights have been violated or need protection; · Exercise visitorial powers over jails, prisons or detention facilities; · Establish a continuing program of research, education and information to enhance respect for the primacy of human rights; · Recommend to the Congress affective measures to promote human rights and to provide for compensation to victims of violations of human rights or their families; · Monitor the Philippine Government’s compliance with international treaty obligations on human rights; · Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority; · Request the assistance of any department, bureau, office, or agency in the performance of its functions; · Appoint its officers and employees in accordance with law; and · Perform such other duties and functions as may be provided by law. 268 Philippine Alliance of Human Rights Advocates (PAHRA), Submission in Response to the Questionnaire on National Human Rights Institution and Human Rights Defenders, 2012, p. 2. http://www.ohchr.org/Documents/Issues/Defenders/AnswersNHRI/NGOs/ Philippines-PAHRA.pdf (Accessed August 2014). The president nominates and appoints the CHR commissioners, who appoint the CHR officers; Executive Order No. 163, Declaring the Effectivity of the Creation of the Commission on Human Rights as Provided for in the 1987 Constitution, Providing Guidelines for the Operation Thereof, and for other Purposes, 5 May 1987. Philippines Constitution article 13 section 18(10); Also of concern is the CHR’s fiscal autonomy (See Human Rights Committee, Concluding observations on the fourth periodic report of the Philippines, UN Doc. CCPR/C/PHL/CO/4 (2012) at para. 7) 269 See Cariño v. Commission on Human Rights, G.R. No. 96681, 2 December 1991 (“The Court declares the Commission on Human Rights. . . was not meant by the fundamental law to be another court or quasi-judicial agency in this country). The Commission on Human Rights’ powers are delineated in the Constitution of the Philippines Art. XIII, Sec. 18. 270 Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, UN Doc. A/HRC/6/17/ Add.1 (2007) at para. 88. 271 Amnesty International, Fair Trial Manual, 2nd edition, Chapter 5.1, available at http://www.amnesty.org/en/library/info/ POL30/002/2014/en.