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MANILA – The Antiterrorist Council has begun the controversial process of designating who can be considered by the authorities as “terrorists” and “terrorist groups” under the new Antiterrorist law, which may have implications in the freezing of assets.
This follows five months since the controversial Anti-Terrorism Law of 2020 was enacted, despite strong opposition from various groups over concerns that it could lead to human rights violations.
In 2 separate resolutions passed on December 9, the ATC designated the following as “terrorist organizations, associations and / or groups”:
- Communist Party of the Philippines
- New People’s Army
- Islamic State in Iraq and Syria in Southeast Asia
- Dawlatul Islamiyah Waliyatul Masrik
- Dawlatul Islamiyyah Waliyatul Mashriq
- IS East Asia Division
- Maute Group
- Islamic State of East Asia
- Maute ISIS
- ISIS Group
- ISIS Group
- Khilafah Islamiyah
- KIM
- Ansharul Khilafah
- Bangsamoro Islamic Freedom Fighters-Bungos
- Bangsamoro-Abubakar Islamic Freedom Fighters
- Jama’atu al-Muhajirin wal Ansar fil Philippines
- Daulah Islamiyah
- other Daesh affiliated groups in the Philippines
Copies of ATC resolutions uploaded to the ATC website indicated that the originals were signed by Executive Secretary Salvador Medialdea, president of ATC, and approved by National Security Advisor Hermógenes Esperon, Jr., who serves as Vice President. of the ATC.
BASIS FOR APPOINTMENT
ATC Resolution No. 12 for the CPP-NPA cited as the basis for designation the proscription case that the Department of Justice (DOJ), under then-Secretary Vitaliano Aguirre II, filed before a Manila court in February 2018, listing 649 people as members.
That petition cited 12 incidents that allegedly constituted acts of murder, kidnapping and arson to prove that the CPP-NPA allegedly continues to commit acts of terror to achieve its alleged ultimate goal of overthrowing the government.
Peace negotiations between the government and communist rebels had previously collapsed under the Duterte administration.
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“With the presentation of said petition by the NPS (National Prosecutor’s Office), the DOJ clearly establishes the existence of probable cause that the CPP / NPA committed, attempted to commit or conspired in the commission of the acts defined and sanctioned by the ATA (Law Antiterrorist) ”, said Resolution ATC 12.
But the Justice Department, in January 2019, amended the petition leaving only 8 names, which the Manila court further reduced to 2, who allegedly have “unassailable ties” to the CPP-NPA. That ruling was solely for the purpose of serving the subpoena so that the court could gain jurisdiction over the CPP-NPA.
Aguirre’s successor, current Attorney General Menardo Guevarra, said in 2018 that the DOJ itself “had no personal verification of any connection of these individuals to the CPP or the NPA.”
Resolution ATC No. 12 also invoked Presidential Proclamation No. 374 of President Rodrigo Duterte declaring the CPP-NPA as terrorists with the purpose of implementing the Law of the Republic 10168 or “The Law of Prevention and Repression of the Financing of Terrorism of 2012 ”, Which sanctions the financing of terrorist activities and allows the Philippine government to freeze the assets of groups identified as terrorists.
The same resolution mentioned the designation by the United States of America of the CPP-NPA as a foreign terrorist organization in August 2002, as well as the designations by the European Union (2002), Australia (2002), United Kingdom (2002) and New Zealand (2010).
Meanwhile, ATC Resolution No. 13 for ISIS, Maute, and other groups was based on United Nations Security Council resolutions on the Islamic State and Al Qaeda, as well as designations for Australia, the United States, and New Zealand. in raising the issue of Marawi. siege.
Maute’s group, linked to ISIS, was behind the five-month siege, which left much of the city in ruins.
“[T]The siege of Marawi in 2017 has served as a paradigm for like minded groups and personalities in Southeast Asia and other parts of the world to join militants in the southern Philippines in their ambition to establish a caliphate in Mindanao, as what the leadership Daesh has been advocating, ”he said.
THE POWER TO DESIGNATE AND IMPLICATIONS
According to Section 25 of the ATA, the ATC can designate terrorist groups in 3 ways:
- by automatically adopting the United Nations Security Council Consolidated List of designated individuals, groups of individuals, organizations or associations
- through the adoption of requests for designations by other jurisdictions
- by ATC’s own designation
The appointment, made by a fully executive ATC, is different from the proscription process that goes through the Court of Appeals.
A key consequence of the designation is that it allows the Anti-Money Laundering Council to freeze the assets of designated terrorist groups or individuals.
The ATC’s own press release highlights the asset freeze under another law: RA 10168.
“In effect, the designation places the assets of the CPP / NPA subject to the authority of the Anti-Money Laundering Council or AMLC to investigate or freeze them pursuant to Section 11 of RA 10168. Section 8 of RA 10168, establishes that any person who knowingly deals with any property or funds of designated persons or makes any property or funds or financial services or other related services available to such designated persons faces criminal and civil liability, “it said, alleging that the ATA and RA 10168 “complement” each other.
Authorities used RA 10168 as a legal basis to freeze the assets of the Rural Missionaries of the Philippines, a group of nuns accused of having ties to the CPP-NPA.
Critics of the ATA have denounced the power of the ATC to designate terrorists as a violation of the right to due process, among others, since it excludes the participation of suspected terrorists, leaving them no possibility to object or present evidence before their designation.
Former legislator and president of the National Union of Peoples’ Lawyers, Neri Colmenares, previously described the ATC plan to publicize the names of groups labeled as terrorists as the “mother of all red marks.”
Activists have also raised concerns that the flood of red labels from rights defenders, journalists, lawyers and other groups committed by government officials themselves could eventually lead to them being labeled “terrorists” under the ATA.
Thirty-seven petitions are pending before the Supreme Court challenging the validity of the ATA. SC will make oral arguments on January 19, 2021.
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Antiterrorist Law, Antiterrorist Council, Hermogenes Esperon, Jr., Executive Secretary Salvador Medialdea, CPP, NPA, Islamic State, Maute, Daulah Islamiyah
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