DND reminds AFP: Enjoin human rights in Mindanao
Philippine troops arrive at their barracks to reinforce fellow troops following the siege by Muslim militants Wednesday, May 24, 2017 in the outskirts of Marawi city in southern Philippines. Muslim extremists abducted a Catholic priest and more than a dozen churchgoers while laying siege to a southern Philippine city overnight, burning buildings, ambushing soldiers and hoisting flags of the Islamic State group, officials said Wednesday. President Rodrigo Duterte declared martial law in the southern third of the nation and warned he would enforce it harshly. AP
MANILA, Philippines — The Department of National Defense on Thursday issued a memo to the Armed Forces of the Philippines ordering the military to enjoin rule of law and human rights in Mindanao.
In a memo issued on Wednesday at around 3:38 a.m., DND Undersecretary Eduardo del Rosario issued the agency's guidance on the presidential declaration of martial in the entire island of Mindanao.
President Rodrigo Duterte declared martial rule in the island after a clash between government troops and the Maute group in Marawi City.
"Any arrest, search and seizure executed or implemented in the area or place where Martial Law is effective, including the filing of charges, should comply with the Revised Rules of Court and applicable jurisprudence," the memorandum read.
The military was also reminded that the declaration of martial rule does not authorize the conferment of jurisdiction on military courts and agencies over civilian where civil courts are able to function.
The DND stressed that the declaration of martial law in Mindanao does not automatically suspend the privilege of the writ of habeas corpus.
"In this connection, the AFP and all bureaus and agencies of this Department are hereby enjoined that the rule of law and human rights should prevail in the place or part of the Philippines where the Martial Law was declared and effective," the memo read.
Writ of habeas corpus suspended in Mindanao
Duterte, however, announced the suspension of the writ of habeas corpus in Mindanao upon arriving from Russia on Wednesday evening.
“Checkpoints will be allowed. Searches will be allowed. Arrest without a warrant will be allowed in Mindanao,” the president said in a press briefing upon arriving from Russia.
"And I do not need to secure any search warrant or a warrant of arrest. If you are identified positively on the other side, you can be arrested and detained,” Duterte added.
The suspension of the writ of habeas corpus allows authorities to arrest any suspect without a court warrant.
At least 21 people were dead and 31 others were wounded after government forces flushed out Maute group militants in Marawi City on Wednesday night.
Under the Constitution, the president is allowed to declare martial law over any part of the country in cases of "invasion or rebellion, when the public safety requires it" for a period not exceeding 60 days.
For Duterte, martial law in Mindanao will remain as long as necessary.
"How long? Well... if it would take a year to do it, then we will do it. If it's over within a month, then I'll be happy," Duterte said.
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