Aeta Recounts Nightmarish Encounter with the Philippines’s Anti-Terrorism Law

Also, the supposed recovery of firearms from the house where the victim was at the time staying, is highly questionable. There were no information on whether or not the policemen had presented to the occupants proper court documents to allow them to conduct searches inside the house; they did not properly introduce themselves to the occupants of the house; and failed to inform the victim of his rights during arrest and while in custody of the police.

In 28 November 2007, Martin Scheinin, the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, expressed concern in his report, A/HRC/6/17/Add.1 p20 to 28, to several provisions of the RA 9372. Scheinin viewed the law as “not in accordance with the international human rights standards”.

Special Rapporteur Scheinin wrote that Section 3, to which Edgar is being charged: “the criminal liability (should have been) limited to clear and precise provisions in the law, so as to respect the principle of certainty of the law and ensure that it is not subject to which would broaden the scope of the proscribed conduct”. However, in Edgar’s case, the prosecutor resolved to consider his supposed admission of being a member of a rebel group and to have constituted an act of terror already.

Also, the amended information to which prosecutor Mulon has written (as underlined above) itself was a verbatim text to the provision of section 3 of the RA 9372 which the victim has supposedly violated. It has not been able to substantially proven though, as it is written in the amended information, that the victim committed the offense of terrorism.

(This story is part of the letter campaign launched by the Asian Human Rights Commission, based in Hongkong. The commission urges the public to write letters to the authorities urging for their immediate intervention in the victim’s case. Should it be established that the victim should have not been held accountable to an offense charged on him, it must be dropped and he must be released without further delay. The victim’s allegation of torture while in police custody should also be thoroughly investigated.

To support this appeal, please click here.)

(pinoypress.net)