‘No red-tagging in identification of terrorists’

MANILA, Philippines — The Department of Justice (DOJ) has clarified that “red-tagging” is not one of the processes for the identification of terrorists under the Anti-Terror Act of 2020 amid the recent arrest of activists and human rights advocates.

DOJ Secretary Menardo Guevarra said that a group or an individual can be determined as terrorists only through the designation by the Anti-Terror Council (ATC) and proscription by the Court of Appeals (CA) and not by merely “red-tagging.”

“There are processes under the Anti-Terror Law for the identification of terrorists, namely, designation by the ATC and proscription by the Court of Appeals (CA). The so-called ‘red-tagging’ is not one of those processes,” Guevarra said.

While “red-tagging” is not among the processes for identification of terrorists, the implementing rules and regulations (IRR) of the Anti-Terror Act of 2020 however stated that the ATC will publish the entities and names of individuals considered as terrorists.

The individuals are given 15 days to file a request for delisting.

Activists and human rights advocates claimed that they are being red-tagged by some government officials and law enforcers, a few months after the implementation of the Anti-Terror Law.

Some of them were also recently arrested supposedly for illegal possession of firearms and explosives.

Guevarra has reiterated that mere advocacy or activism is not the same as terrorism when he was asked if the recent arrests of activists and human rights advocates have something to do with the implementation of the Anti-Terror Act of 2020.

“It’s the apprehending law enforcement officers who should explain the factual basis for the arrest. As far as the DOJ is concerned, all elements of the crime provided in Section 4 of the anti-terror law must be met before one may be charged under that law,” he said.

Journalist Lady Ann Salem and labor organizers Dennise Velasco, Joel Demate, Rodrigo Esparago, Mark Ryan Cruz, Romina Raiselle Astudillo and Jaymie Gregorio were arrested during the commemoration of International Human Rights Day on Dec. 10.

Peasant organizer Amanda Socorro Echanis and labor leader Jose Bernardino, who is allegedly a ranking member of the communist New People’s Army (NPA), were also among the activists arrested by the authorities.

Guevarra meanwhile reiterated that the human rights advocates “have nothing to be afraid of if their acts are not intended to cause physical harm or endanger a person’s life or create a serious threat to public safety.”

He emphasized that the IRR of the anti-terrorism law states that the burden of proving intent lies on the prosecution arm of the government.