Anti-terror bill would curb human rights, consolidate executive branch’s power — CHR

In this March 16, 2018 photo, militant group Anakpawis holds a protest in front of the Department of Justice.
The STAR/Miguel de Guzman, File

 MANILA, Philippines — The Commission on Human Rights on Tuesday warned against the Senate’s controversial bill seeking to bolster the country’s anti-terrorism policies.

The CHR released a statement saying the Anti-Terrorism Act of 2020’s definition of terrorism “paves the road for possible abuse as it tends to blur the distinction between terroristic activities and ordinary crimes.”

CHR spokesperson Jacqueline de Guia said the bill could be “used to limit substantial freedoms, including expression of dissent and critical perspectives most especially by civil society and human rights groups, under a democracy.” 

De Guia also highlighted that the new bill, which would replace the Human Security Act, would allow the prolonged detention of suspects without a judicial warrant. 

"Prolonged detention under the bill—up to 14 calendar days, with the possibility of extending it to 10 more days—may result to cruel, inhuman, and degrading treatment or torture, which does not only pertain to acts of interrogation, but also conditions experienced by the suspect,” she said. 

The bill also allows authorities to delay the delivery of those they arrest to the proper judicial authorities. This goes against the constitutional guarantee of due process. 

De Guia added that the bill broadens the power of the executive branch to a degree that threatens the check-and-balance mechanism which is meant to prevent abuse. 

On Tuesday evening, the House of Represenatives approved on second reading the proposed Anti-Terrorism Act. This was the same version that the Senate approved on third and final reading last February. 

Malacañang on Tuesday defended President Rodrigo Duterte's call to the House of Representatives to fast-track the passage of the bill. 

The Senate version approved back in February was met with criticism from local and international rights groups over provisions said to loosely define terrorism and authorize the widescale violation of human rights in the Philippines.

Presidential spokesperson Harry Roque claimed the country’s anti-terrorism laws were due an upgrade, calling them the “loosest in the world.” He made this claim despite saying in 2007 that the Human Security Act "would legitimize the role of the Philippine president as chief executioner.”

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