Pangilinan says Anti-Terrorism Act provisions still imperil human rights


Senator Francis Pangilinan maintained on Monday that the Anti-Terrorism Act still would curtail the freedom and rights of Filipinos as he said that its implementing rules and regulations (IRR) failed to define the "broad" definitions of the law.

(JANSEN ROMERO / MANILA BULLETIN)

In his statement, the opposition senator said that while the IRR contained provisions that would temper the impact of the law on the human rights, "the broad definitions remain, giving authorities the leeway to enforce its might."

He specified two features of the IRR wherein persons identified as "terrorists" may request for their delisting within 15 days if the publication of the designation; and that law enforcers will need to submit to the Anti-Terrorism Council a sworn statement so they can be authorized to conduct warrantless arrests and prolonged detention of suspected terrorists.

"Unfortunately, the overarching provisions are kept in the law that could always overrule these so-called windows in the IRR," Pangilinan said.

"Warrantless arrests are still permitted even without a written authorization provided that a case can be filed against the suspects within 36 hours," he noted.

"And, if agents can submit a sworn statement and secure a written authority before the lapse of 36 hours, a suspect can still be detained for a maximum of 24 days,” he added.

Pangilinan insisted that "the law may be used as a weapon -- not only against the real terrorists, but against individuals and groups with legitimate concerns and criticisms against the government."

The Anti-Terrorism Act of 2020 faces at least 37 petitions before the Supreme Court (SC).

"Sana madinig na ng Supreme Court ang napakaraming petition na kinukwestyon ang constitutionality at ang practicality ng implementation ng batas (I hope that the SC will start hearing the pile of petitions questioning the law's constitutionality and the practicality of its implementation),” Pangilinan appealed.

“We are hoping that the high tribunal exercises its power to strike provisions of law that go against our Constitution," he added.