NEWS FEATURE | TAG, YOU’RE IT: Government to publicize list of terrorists
By Melissa Julianne T. Allauigan
Amid backlash against Anti-Terrorism Law’s (ATL) flawed provisions, the government still decided to push its ratification. After filing its implementing rules and regulations (IRR) last October 16, the Anti Terrorism Council (ATC) was given the power to designate terrorists upon a finding a probable cause. Despite the law’s promise to counter terrorism, lawmakers argued that the new guidelines only confirm the fears of its dissidents.
Probable cause, unreasonable effects
The designation is done through secret deliberations upon finding of a probable cause, not allowing any of the designated people or groups to participate in a court trial before they are officially listed. According to the IRR, the probable cause is established from collecting information from relevant government agencies and other sources, which were not specified.
Consequently, the designees will have their assets frozen by the Anti-Money Laundering Council, as stated in Section 25.
The list will then be posted on three different platforms such as newspapers, the online Official Gazette, and the ATC website. It will also include a brief description of the case for designation and the date of designation or date of last review of designation.
According to indigenous peoples’ (IP) groups, the difficulty of fighting against red tagging will be even more daunting, stating that this will potentially increase instances of red tagging.
“State forces often resort to routine red tagging to make it easy for military and paramilitary units to silence or cause untold human rights abuses on vocal dissenters, and thereby subdue the indigenous peoples assertion of their rights,” stated in the petition submitted by IP groups led by Beverly Longid, Windel Bolinget, and Joanna Cariño.
De facto martial law
Although Section 4 of the ATL stated that dissent and activism are not to be considered terrorism, protesters asserted that this can still be weaponized against them. They denounced this as an attack on freedom of expression as authorities may abuse their power and deem their mass actions as a violation of the ATL. Moreover, Attorney Howard Calleja pointed out that there was no specific condition as to who will decide if it falls under the scope of the ATL.
Section 29 is also often challenged by lawmakers, as this allows warrantless arrests and detentions which can last for 24 days. This is eight times longer than the suspension of the writ of habeas corpus in times of a rebellion, written in the Constitution.
To supposedly ease fears of arrests based on mere suspicion, the IRR provided that law enforcers need to submit a sworn statement to the ATC containing the suspect’s information and the basis for their arrest, before being granted with a written authority. Once obtained, this will allow warrantless arrests to be legalized.
Without a written authority, the law enforcer will have to bring the suspect to court within the 36-hour period. However, if they manage to submit a sworn statement and secure written authorization within the 36-hour period, detention can be extended to 24 days.
If they fail to charge a suspect in court by the 25th day, the suspect should be released.
Former senior associate justice Antonio Carpio stressed that the ATC may still order the rearrest of the designees on the 25th day, since the designation or proscription order is still valid. The ATC’s spokesperson, Justice Undersecretary Adrian Sugay, did not deny this possibility.
Delisting
After the publication, the designees are only given 15 days to file for delisting. This can only be granted on the grounds of mistaken identity, relevant and significant changes of facts or circumstances, newly discovered evidence, death, dissolution or liquidation of designated organizations, associations, or groups, or proof that the basis for designation no longer exists.
The process of delisting, however, was far from clear. Correspondingly, Sugay said that deliberation records will be made available for those who want to delist.
Criminal law expert Ted Te argued that this places the burden on the suspect rather than the prosecution.
“Even if there is a process of delisting, placing the burden on the listed entity is unreasonable because the burdens of proof in criminal cases are always on the prosecution, never on the accused or respondent,” Te said.
While designations will last for three years before possible renewal, denied delistings may only be re-filed after six months.
More rules, more clarifications
Several lawmakers, particularly Bayan Muna party-list chairperson Neri Colmenares and Representative Carlos Zarate, said that it is a foregone conclusion that the ATL violates the constitution and no IRR can cure or substantially change that.
“People should not fall for such false assurances that seek to diffuse the opposition to the terror law. The IRR cannot cure a law that is unconstitutional on its face and inherently evil,” Zarate added.
Moreover, the IRR stated that the act of designation would be without prejudice as this will entail six months of hearings before the Court of Appeals. The ATC assured that the designation and delisting will be a fair process, but there was no clarification whether it needed the entire council’s consensus or just one person’s decision.
