Lacson sponsors bill allowing detention of terror suspects for 14 days without warrant

A measure which allows detention of suspected terrorists for a non-extendable period of 14 days without charges, on top of surveillance of suspected terrorists for 60 to 90 days, has been sought by Senator Panfilo Lacson on Wednesday.

Lacson, a former Philippine National Police chief, made the pitch in the sponsorship speech for his Senate Bill 1083 or the Anti-Terrorism Act of 2019, a bill that amends the Human Security Act of 2007 by scrapping the P500,000 fine per day over false prosecution of individuals for terrorism, among others.

Under Lacson’s proposal, a terrorism suspect can be detained for 14 days without charges. Law enforcement or military personnel may also conduct a 60-day surveillance on suspected terrorists, provided that police and military secure a judicial authorization from the Court of Appeals (CA). The 60-day surveillance may be further lengthened by another non-extendable period of 30 days.

Authorities who conduct surveillance without a judicial authorization, however, will face 10 to 12 years' imprisonment. Likewise, the police or military is obliged to inform the subject of the surveillance after the 90-day judicial authorization lapses; failure to do so will also mean imprisonment of 10 to 12 years.

“Under the current Human Security Act, there are only four instances for terrorists to be prosecuted under the law. These are: commission of the actual crime of terrorism; conspiracy to commit terrorism; accomplice; and accessory. On the other hand, there are a total of 20 instances where law enforcers can be charged and penalized for violations of the Human Security Act. I believe this is not rational. Add to this the penalty of P500,000 per day to be paid by the government to anyone erroneously detained for possible terrorism.  This is not only irrational, Mr. President; it borders on the absurd,” Lacson said.

“Our unwavering resolve to fight terrorism also entails the removal of the restrictive and absurd fine of P500,000 per day for erroneous detention. [It is] only in the Philippines where the anti-terror law has literally more provisions restricting our law enforcers than bringing terrorists to justice,” he added.

Under the current Human Security Act, there are only four instances for terrorists to be prosecuted : commission of the actual crime of terrorism; conspiracy to commit terrorism; accomplice; and accessory.

Lacson then said that it is unfair that there are only four instances for terrorists to be prosecuted when there are 20 instances where law enforcers can be charged and penalized for violations of the Human Security Act.

“That is why we only have one conviction under the Human Security Act,” Lacson said.

Lacson was referring to Nur Supian, one of the recruiters of extremist/terrorist Maute group which held Marawi City under siege from May to October 2017, leaving over 100 people dead, hundreds of thousands residents displaced, and the city destroyed to the tune of P53 billion worth of damage.

“Imagine that, time and again, and seemingly more and more often, we hear of terrorist attacks happening, with a mounting number of those killed and injured. One conviction, Mr. President. That alone is enough proof of the ineptness and inadequacy of the current law,” Lacson argued.

“We need a legal framework for anti-terrorism that is clear, concise, balanced, and rational, which is the very backbone of this measure under consideration,” Lacson added.

Customer records

Senate Bill 1083 also allows the police and the military to file an ex-parte application with the CA for the issuance of an order compelling telecommunications service providers and internet service providers to produce all customer information and identification records as well as records of calls, short messaging service, among other content and other cellular or Internet metadata of any person suspected of any of terrorism.

Upon issuance of said order, a notice will be given to the National Telecommunications Commission to ensure immediate compliance.

Lacson’s proposal, however, still has limits.

The Human Security Act of 2019 penalizes furnishing false or spurious evidence by imprisonment of 12 to 20 years, while access to any information gathered through surveillance will be limited to the applicants, duly authorized Anti-Terrorism Council personnel, hearing justices or judges, clerks of court, and duly authorized personnel of the hearing or issuing court.

Law enforcement or military officers or any custodian who destroys the recordings, notes or memoranda will face jail time of six to 12 years.

Unauthorized revelation of classified materials, on the other hand, will be punishable by imprisonment of six months to six years. — BM, GMA News