Palace: Anti-terror bill cognizant of human rights

Malacañang said yesterday the proposed anti-terrorism bill is cognizant of human rights compared to similar laws in other countries and has enough safeguards to protect the innocent from abusive authorities.

Undersecretary Ricardo Blancaflor of the Palace’s Anti-Terrorism Task Force also said the proposed measure does not infringe on a person’s right to free expression, assembly or association and it would not be used against the political opposition.

"The new anti-terrorism bill is human rights-compliant. It guarantees full respect for human rights. Apprehended individual is given right to counsel even while under detention," Blancaflor said in a paper defending the bill.

"The Bill of Rights under the Constitution will not be suspended by the enactment of the anti-terrorism bill," he clarified.

Blancaflor is the Palace’s point man in Congress for hammering out the proposed anti-terrorism bill.

He said a detained suspected terrorist would be entitled to all other rights provided by Republic Act No. 7438 or the "Act Defining Certain Rights of Persons Arrested, Detained or Under Custodial Investigation."

The Philippines, he said, would have one of the shortest detention period, at 72 hours, at which time charges must be filed against a suspected terrorist

Anti-terrorism laws in Great Britain allow detention without the filing of any charges for 28 days; Malaysia and Thailand, one year; Indonesia, 48 hours; Singapore and the United States, indefinitely, he said.

Blancaflor said terrorist activities are carried out not by single individuals but rather by groups usually referred to as "cells." The extended detention period, he said, is necessary to identify and hunt down other members of the cell before they are alerted to the arrest of one of their cohorts.

"Once a member is captured, it is necessary for law enforcers to act immediately to capture the cell network," Blancaflor said. "Otherwise, once the cell network is aware of the initial arrest, it would be quite difficult to break and capture the other members if countermeasures have been put in place."

The proposed bill also does not prevent street protests or expressions against the government but it would be used against "those who seek to use such liberties in furtherance of a terroristic end or with the intent to create or sow danger, panic, fear or chaos."

Blancaflor denied that the proposed bill would be used against the administration’s critics as he said that even opposition stalwarts have contributed to the measure.

Lawyers’ groups and students, however, demanded that the bill be returned to the House committees on justice and foreign affairs as they called it "poorly crafted."

The Counsels for the Defense of Liberties (CODAL) said the bill "blatantly violates Article III of the Bill of Rights and other provisions of the 1987 Constitution."

"Its definition of how terrorism is committed threatens not only the people but also members of Congress who authored the anti-terrorism bill. In fact, under its definition, President Arroyo could be sentenced to death for participation in EDSA II," CODAL leader Neri Colmenares said.

"EDSA 1 and EDSA II not only caused ‘serious interference’ but also ‘unlawful disruption of services,’ as it practically blocked transport in EDSA for four days and obstructed operations in Camps Crame and Aguinaldo," Colmenares pointed out.

"If passed into law, this will complete the ingredients of martial rule as state authorities under the commander in chief will completely decide whether the exercise of a right is ‘terroristic’ and therefore, immediately punishable with life imprisonment or death," he said.

CODAL further warned that the bill criminalizes workers’ strike of any form, such as jeepney strikes for causing serious interference in public service.

Colmenares said strikes and demonstrations are basically coercive tools that are respected under the Constitution and international human rights law and "are considered necessary components in the exercise of civil and political rights."

However, under the proposed terrorism bill, CODAL said hospital doctors and nurses planning to stage a strike or walkout will be arrested even before they launch the strike and jailed for three days by merely "threatening" to do so. — With Katherine Adraneda, Michael Punongbayan