The Anti-Terrorism Council (ATC) should be accorded with the "presumption of regularity" in performing its duty under the new law on fighting terrorism, according to Presidential spokesman Harry Roque.
(OPS / FILE PHOTO / MANILA BULLETIN)
Roque said the council is expected to make decisions such as the designation of individuals and groups as terrorists if there would be "factual and legal basis."
Under the implementing rules and regulations of the Anti-Terrorism Act of 2020, the council is authorized to publish the list of persons and groups designated as terrorists in the Official Gazette and a national newspaper. The latest provision in IRR has triggered concerns from rights advocates since the law did not include the publication of names of suspected terrorists.
Roque however tried to allay the concerns about the authority of the Anti-Terrorism Council, saying any decision is made as a body and not just by one person.
"Hindi naman po iyan proseso ng isang tao lang ang magdi-determine, the entire council has to agree. And there has to be factual and legal basis for an entire council to agree. Kaya nga binigay natin iyong obligasyon na iyan, hindi lang sa isang tao, kung hindi sa napakadaming tao (That is not a process that will be determined by one person. The entire council has to agree. And there has to be factual and legal basis for an entire council to agree. So we gave that obligation not only to one person but to many people)," he said during a Palace press briefing.
"Number two, let’s accord our public officers the presumption of regularity in the discharge of their functions," he added.
He maintained that that the Palace doesn't see anything illegal in the implementing rules and regulations of the anti-terrorism measure. And to people who feel their rights are violated, Roque urged them to go to court.
Republic Act No. 11479, signed by President Duterte last July, prevents, prohibits and penalizes terrorism. It also allows the detention of terror suspects without charges for up to 24 days as well as surveillance and wiretaps for 90 days.
The law also created the Anti-Terrorism Council that will formulate and coordinate comprehensive plans and programs to suppress and eliminate terrorism as well as prevent and stem terrorist financing. It can also designate persons or groups as suspected terrorists upon finding of probable cause.
The council is chaired by the Executive Secretary with the National Security Adviser as vice chairperson. Other members are Foreign Affairs Secretary, Defense Secretary, Interior and Local Government Secretary, Finance Secretary, Justice Secretary, Information and Communications Technology Secretary, and Anti-Money Laundering Council Executive Director.