MANILA, Philippines (2nd update, 12:34 p.m.) — Amid reports that one of its members was nabbed, the National Democratic Front of the Philippines told the Philippine government that political consultants released on bail cannot be arrested anew on mere instruction of President Rodrigo Duterte.
On Sunday, the president terminated the peace talks after labeling the Communist Party of the Philippines-New People’s Army-National Democratic Front (CPP-NPA-NDF) a terrorist group. He also ordered the arrest of jailed leftist leaders who were temporarily released to join the negotiations.
The NDF, the political arm of the communist group, said that the peace negotiations have not been properly terminated despite the declaration of the president.
The statement came as Bayan Muna Rep. Carlos Zarate confirmed in a television report that a consultant of the NDF was arrested in Davao City on Monday morning.
READ: Duterte labels CPP-NPA-NDF a terror group
NDF legal consultant Edre Olalia said that the Joint Agreement on Safety and Immunity Guarantees (JASIG) states that the peace talks can only be terminated upon written notice given by one party to the other. Such notice would only take effect 30 days from its receipt.
The Philippine government has not yet written a notice to the NDF, which indicates that peace negotiations have not been officially terminated.
"Since the peace negotiations are not properly terminated and the JASIG — which was formally reaffirmed by the Parties in Oslo in Joint Statement of August 2016 — still effective, the NDFP political consultants as such are 'guaranteed free and unhindered passage in all areas in the Philippines, and in traveling to and from the Philippines in connection with the performance of their duties in the peace negotiations," Olalia said in a statement.
NDF political consultants are also immune from surveillance, harassment, search, arrest, detention, prosecution and interrogation, according to the agreement.
The immunity during the peace negotiations aim to protect and encourage political consultants to participate in the peace process.
Olalia noted that only courts that granted temporary liberty to the political consultants can act or order whether they can be arrested and not by unilateral action of the police or the military.
"The 19 released political consultants and staff are still facing either trumped-up or defective charges of common crimes rather than political offenses in continuing violation of the Hernandez doctrine and of the [Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law ]," Olalia said.
"As such, they are not convicted and are presumed innocent and cannot per se be rearrested by that fact alone or by operation of law," the lawyer added.
Duterte said that the rebels committed atrocities despote the efforts of the government to negotiate for peace in the region.
The president, however, said that communist leaders are free to seek asylum in the Netherlands if they want to avoid arrest.
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