GMA security advisers rushing draft amendments to HSA

Security officials disclosed that a draft is being prepared to propose amendments to the anti-terrorism law or the Human Security Act (HSA), which includes reducing penalties for policemen and other law enforcement agents who commit wrongful arrests or human rights violations while conducting counter-terror operations.

A source, who spoke on condition of anonymity, said the proposed amendments to be filed in Congress would be finished soon.

The disclosure was made after the United States Senate imposed conditions on the additional $2-million military aid to the Philippines, particularly on the military’s adherence to human rights laws and addressing the growing outcry of the international community over the unexplained killings and mysterious disappearances of activists and journalists.

Last month, President Arroyo pushed for amendments to strengthen the HSA but did not give specifics.

“We must be adequately empowered to crush the terrorist movement in the country and to transform our nation’s response to political violence, ensuring that civil rights and social justice are available to all Filipinos, not just to a privileged few,” she said in her speech before business leaders.

“Our message must be clear: If you are armed and kill civilians, you will be prosecuted. If you are a communist terrorist, religious terrorist or even a rogue element of our own police or military, we will stop you,” she said.

The source said Nueva Ecija Rep. Rodolfo Antonino already filed a proposed bill to strengthen the HSA, specifically making the illegal possession of explosives non-bailable.

The HSA has been in effect for only about 70 days since the law is suspended during election period.

The country has held two elections – senatorial and local polls in May and the barangay and Sangguniang Kabataan elections last month – since the HSA was signed into law last March amid protests from human rights groups that warned of possible abuses by law enforcement agencies.

The source said there was no need to draft implementing rules and regulations for the HSA since the law was already detailed and Malacañang is pushing for amendments.

He pointed out that there are 22 penalties mentioned in the HSA and many of the “restrictive provisions” have been making police and military personnel reluctant to conduct anti-terrorism operations since the provisions might be used against them.

Among the provisions that need changing, he said, is the fine of P500,000 to be paid to a person wrongfully accused of being a terrorist for each day of his or her detention. The fine should be reduced to a reasonable level, the source said.

He said another provision that anti-terrorism officials want amended is the 12-year imprisonment imposed on a law enforcement officer who willfully or by negligence allows a terror suspect to escape.

Other provisions that should be amended, the source said, are the harsh imprisonment penalties slapped on those who commit violations, such as the failure to return the assets or belongings of suspects who were wrongfully accused of being terrorists.

“We must balance the penalties with existing laws or replace them with something reasonable,” he said.

He said that under the Revised Penal Code, the penalty for a custodian allowing a suspect to escape was only a few years’ imprisonment.

Since the HSA was enacted, at least two bomb attacks hit Mindanao in May. A bomb blast in Cotabato City killed three people and injured 15 others. This was followed by another bomb attack in Sultan Kudarat that left four people dead and 30 others injured.