There's an uproar among cause oriented groups against the Human Security Act (RA 9372) popularly known as the anti-terrorism law. Joining this outcry are left-leaning individuals as well as some oppositionists identified with ousted president Estrada. Not to be outdone, the CBCP came out with a warning that implementation of the law might cause wide-spread panic.
Why are these people raising hell against this legislation? The bright guys among them have dissected it and have publicly made known their objections against: Warrantless arrest, longer detention of suspects before filing of a case, allowing surveillance and wiretapping, seizure of assets and others. Shades of martial law! they exclaimed!
The fears of activist groups are understandable. Basking under the tolerant atmosphere of the 1987 "freedom" Constitution, they have been used to stirring up social disturbances from time to time even for petty issues. Destabilization is their perennial catch-call and their anti-administration stance, no matter who sits in the Pasig office, is fixed into their organizational psyche. With their party-list cohorts in the Lower House, whose PDAF serves as their money bag, their claim to legitimacy as street parliamentarians seems an accepted thing. With the HSA, however, some of their antics might no longer be possible, hence their concerted outcry.
The fear of the deposed president's cohorts is similar to that of the cause oriented people. Given as they are to mass actions where they delight in skirmishing with peace officers, they know that with this law they could easily be slapped with charges for creating widespread panic, an act which falls under the concept of terrorism.
"Those who are not doing anything wrong should not be afraid," cautions Malacañang. Indeed, law abiding citizens are not afraid of the law, any laws for that matter. It is those whose mindset is cocked towards making light of the law who cringe at the presence of law enforcers. Go through a city thoroughfare observing traffic rules as you do. Would the presence of traffic enforcers be a threat to you? There are laws and laws criminalizing countless acts. But have these caused sleepless nights to the average citizen? It is the criminally inclined who is not at peace because he is afraid that one day he will have his comeuppance.
Critics of HSA say that the law is likely to foment abuses on the part of government authorities. Actually, any law for that matter is open to abuse. But there are available safeguards. In the case of this legislation there are the Anti-Terrorism Council, the Court of Appeal as well as the regular courts all of which are tasked to prevent excesses on the part of law enforcers.
For example, in the matter of arresting a person "charged with or suspected of the crime of conspiracy to commit terrorism", the arresting officer or officers have to be authorized in writing by the Anti-Terrorism Council. Moreover, they are mandated to deliver the suspect to the proper judicial authority within three days from the moment of arrest or detention. Additionally, the arresting officers are required to immediately notify in writing the judge of the court nearest the place of apprehension. Failure to observe these procedures would be fatal for the agents concerned. They could be charged in court and if found guilty they could be penalized with an imprisonment of from 10 to 12 years.
These tight safeguards are also provided for in other anti-terrorism measures of this law, including wire-tapping, torture or coercion of suspects, bank examination of suspect's account and others for which there are specific procedures designed to prevent abuses on the part of the agents of the law.
Still more safeguards are provided for through the Commission on Human Rights which have been vested with jurisdiction to prosecute public officials or law enforcers who may have violated the civil and political rights of the accused. As if this is not enough, a Grievance Committee has been created composed of the Ombudsman, the Solicitor General and the Secretary of Justice which is mandated to receive and evaluate complaints against erring law men.
All told, there's nothing to fear with the passage of RA 9372. If this law is terrorizing any group, it's the law enforcers themselves, what with the ten to twelve years of imprisonment poised for them for any lapses in the implementation of this Act.
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Email: edioko_uv@yahoo.com