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MANILA, Philippines – Petitioners raised the issue of poor intelligence work by authorities Tuesday in the Supreme Court who will implement what they insisted is a vague 2020 Anti-Terrorism Act (ATA).
The former president of the Integrated Bar of the Philippines, José Anselmo Cádiz, said that the country already has the Human Security Law (HSA) to combat terrorism and that it is much better than the ATA because it lists acts that can be considered terrorism.
Under the HSA, there is no provision that punishes “proposed terrorism” as a separate offense, as well as acts of planning, training, preparing, and facilitating the commission of terrorism.
In the ATA, one of the provisions questioned by the petitioners is Section 4, which establishes the definition of terrorism.
The petitioners argued that although said provision establishes that terrorism “shall not include promotion, protest, dissent, interruption of work, industrial or mass action, and other similar exercises of civil and political rights,” this qualifier lacks meaning by the following phrase “that are not intended to cause death or serious physical injury to a person, endanger the life of a person or create a serious risk to public safety”.
“The law gives them unbridled discretion to implement it against terrorists or dissidents,” said former Bayan Muna representative Neri Colmenares.
“You are saying that the HSA is a better law than the ATA because it establishes the predicate offense that constitutes terrorism. But wouldn’t this restrict the prosecution and deterrence of terrorism? Associate Judge Rodil Zalameda asked.
“I don’t think so, Your Honor.” In my humble opinion, the HSA is sufficient to deter terrorism. What is really lacking is good police work and good intelligence work. I think they are only missing in our jurisdiction, ”said Cádiz.
Colmenares shared the same opinion saying that even if the country enacts 10 laws against terrorism, “if their intelligence work says that Alex Padilla and Roan Libarios are [members] of the CPP-NPA, then nothing will come out of them even if we pass ten anti-terrorism laws [even if we enact 10 anti-terror laws]. “
Deputy Judge Edgardo Delos Santos noted that the Mindanao bombings have also had a chilling effect on the survivors and witnesses of the senseless attacks.
But Colmenares said, raising as an argument the atrocity of the crime even when the law enacted against him is unconstitutional “makes this oral argument useless.”
He said, the dangerous thing about the new law is that the authorities have removed the line that distinguishes a terrorist and dissidents.
Associate Judge Rodil Zalameda said the ATA’s definition of terrorism was based on the anti-terrorism laws of Australia, Malaysia, Thailand and Sri Lanka.
Cádiz agreed, but added, “if you look at the constitutions of these countries, they don’t have their bill of rights.”
The bill of rights is the enumeration of the fundamental rights of all citizens of a country.
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