Terror law dangerous in hands of abusive gov’t

MANILA, Philippines — The country’s landmark anti-terrorism law, the Human Security Act of 2007, could pose grave dangers to ordinary Filipinos if wrongly applied by a government that has habitually shown disregard for human rights, Senate Minority Leader Aquilino Q. Pimentel Jr. said today.

Pimentel, who said an anti-terrorism legislation like this is unnecessary, identified five provisions of the HSA (Republic Act 9372) which “may be abused by the powerful and used as instruments of state terrorism against the powerless.”

The senator from Mindanao was responsible for introducing about a hundred amendments to the HSA during its deliberations in the Senate to ensure that the human rights of the people are safeguarded and not sacrificed in the government’s campaign against terrorism.

Terrified. Students in Davao City take to the streets against the Human Security Act(Photo by Tyrone Velez/davaotoday.com)

“It is my humble submission that the law could be misused or abused by unscrupulous wielders of powers not to attain its primary objective to protect the nation from the scourge of terrorism but to terrorize the people in the guise of extirpating the crime,” Pimentel said.

Of the 62 sections of the HSA, Pimentel mentioned at least five sections that could potentially imperil and curtail the human rights of the people:

1. Surveillance of persons and interception of their communications (Section 7).

2. Arrest and detention of suspects without judicial warrants (Sections 18 and 19).

3. Examination of bank deposits and financial papers (Section 27).

4. Seizure, sequestration and freezing of properties (Section 39); and

5. Extraordinary rendition (Section 57).

Happily, Pimentel said these provisions are not “self-operating” and there are requirements under the law that must be complied with before law enforcement agents may use them.

For example, before the law enforcement agents could place terror suspects under surveillance and tap their communications, examine or freeze their bank deposits and financial papers, the authorities must seek the permission of the Anti-Terror Council and the justices of the Court of Appeals’ division that is assigned by the Supreme Court to handle terrorism cases.