June 14, 2007, GMA News, Militants: Anti-terror bill far from toothless,

June 14, 2007, GMA News, Militants: Anti-terror bill far from toothless,

Contrary to lawmakers' claim that it has become toothless because of so many safeguards, the anti-terrorism law has five "long teeth" that will be used against ordinary Filipinos.

This was the claim of militant umbrella group Bagong Alyansang Makabayan (Bayan), with only half a month to go before the government implements the law.

"Contrary to statements by opposition senators who initially fought the bill but eventually voted in favor of it, the new law is not 'toothless.' It is replete with provisions that violate fundamental civil, political and human rights found in the Bill of Rights of the Philippine Constitution and in international human rights and humanitarian law conventions," Bayan said in a statement on its website (www.bayan.ph) Thursday night.

It added the Human Security Act provides the "legal teeth" long sought by the military and police forces in committing with impunity acts of state terrorism.

Earlier, Chief Supt. German Doria, head of the PNP human rights security unit, said his unit will monitor instances where police may abuse their authority.

Radio dzBB reported Thursday evening that Doria said they will keep close tabs on anti-terrorism police operations, to see if police personnel follow proper procedures.

President Gloria Macapagal Arroyo signed the law earlier this year, but a sunset provision in the law decreed that it be implemented after the May election. It takes effect on July 1.

On the other hand, Doria reminded police personnel there will be hell to pay if they arrest the wrong suspect, or are found to have violated the suspect’s rights.

Under the law, he said a penalty of P500,000 awaits lawmen who wrongly arrest a suspected terrorist.

But Bayan said the first "long tooth" was the "dangerously vague definition" of terrorism, which it described as overbroad.

Section 3 of the terror law defines "terrorism" as an act of "sowing and creating a condition of widespread and extraordinary fear and panic among the populace in order to coerce the government to give in to an unlawful demand."

The group noted Malacañang through the Justice Department will determine the parameters of what constitutes this vague and loosely defined crime of “terrorism."

"With this kind of definition and the people that will determine its application, Arroyo can use the law as an instrument to quell legitimate expressions of political dissent and social protest," it said.

It noted mass actions calling for the ouster of Arroyo are already labeled as part and parcel of "destabilization plots" and “conspiracies to commit rebellion."

On the other hand, Sec. 17 of the proposed bill allows for the proscription of alleged “terrorist" organizations on the mere application by the Department of Justice before any Regional Trial Court.

A second “long tooth" is the violation of rights as suspects are denied their right to due process and presumption of innocence.

"Detention beyond 48 hours is easily justified and legalized, more than enough time to torture and even murder a detainee," it said.

Other violations made easy include indefinite detention on the non-bailable charge of terrorism, the freezing and confiscation of financial assets, incrimination of so-called accomplices and accessories, unlimited intrusions of surveillance into privacy and family life, and the oppressive restraints even on those released on bail.

The new law can violate a person’s right to privacy as Section 7 legalizes the surveillance of terror suspects.

"In the worst practices of extraordinary rendition, people can be snatched and brought to a foreign land and charged with the crime of terrorism or be forced to take part in other ‘legal’ proceedings. This extrajudicial process has often been accompanied by torture. Extraordinary rendition has been a well-documented practice employed by the US Central Intelligence Agency against suspected terrorists," it said.

The third “long tooth" is the Anti-Terrorism Council, which Bayan said “will give rise to a fascist council tasked with overseeing the implementation of the law."

A fourth “long tooth" is that the law forecloses the possibility of meaningful peace negotiations.

The fifth “long tooth" involves state terrorism, where government can violate the rights of its opponents without having to declare martial law.

“No amount of safety nets can make the new terror law any less malevolent. In the hands of a regime with an extremely poor human rights record, the so-called anti-terror measure can and will be easily abused to serve the campaign of repression of the regime," it added. - GMANews.TV