NUPL: Proposed Anti-Terrorism Act will be govt’s most potent weapon vs. dissent

The National Union of People's Lawyers has expressed its opposition to the Senate bill seeking to strengthen the country’s anti-terrorism law and repeal the Human Security Act of 2007.

In a statement issued over the weekend, the NUPL said Senate Bill 1083, or the proposed Anti-Terrorism Act of 2020 which the chamber passed on third and final reading last week, will be the government's "most potent weapon" against dissenters.

"In the hands of an administration that has shown its penchant for using the law to silence and punish its critics, and security apparatuses known for human rights abuses, the proposed measure will only serve as a legal framework for a crack down on progressive organizations, civil society groups, activists, members of the media, and individuals labelled as dissidents or "enemies of the state,'" the group said.

According to the NUPL, the bill will broaden the powers already given to law enforcement agencies under the Human Security Act, and these will allow them to conduct lengthier surveillance operations, wiretap and record private communications, access databases, examine bank records, and freeze the assets of individuals or groups suspected of financing terrorism or those with links to alleged terrorists.

"Under the proposed law, military personnel and other law-enforcement agents would also be allowed to carry out warrantless arrests and detain suspected terrorists for an initial period of up to 14 days, extendable for another 10 days—a significant increase from the three-day maximum period for detention permitted under the Human Security Act," the group said.

"Notably, under Senate Bill 1083, those arrested and detained without warrants would not even have the benefit of being presented before a judge, as the bill removed, with no justification, this safeguard written into [the Human Security Act," it added.

At the same time, the bill expands the already confusing definition for "terrorism" under the Human Security Act, the group said.

"If enacted, the new anti-terror legislation would have grave due process implications not only because it fails to give notice as to the actions that would constitute an offense under the said law, but also because it gives undue discretion to the military, law-enforcers, prosecutors, and judges in determining which acts may qualify as 'terrorism,'" it said.

"Senate Bill 1083 takes it a step further by criminalizing acts which have, traditionally, been considered legitimate exercises of free speech, freedom of expression, the right of peaceful assembly, and freedom of association," it added.

The provisions of the measure are nothing short of alarming, the NUPL said, yet it was able to hurdle the Senate with little opposition.

"Unless vigilance is exercised in the coming weeks, and action taken to prevent it from becoming law, we risk finding ourselves, once again, having to contend with a significantly-diminished democratic space and considerable threats to even the most fundamental of freedoms," the group said.

Senator Panfilo Lacson has insisted that the bill has safeguards against abuse and human rights violations.

For one, he said the bill allows surveillance, but that the permit should come from the Court of Appeals instead of the current regional trial court (RTC).

He added that the preliminary order of proscription should either be lifted or made permanent within a period of 20 days.

Lacson also said reglamentary period or number of days a suspected terrorist could be detained was increased from the current 36 hours to 14 days but there were also safeguards put in place.

“Kailangan i-inform agad ng law enforcement officer na nagsagawa ng warrantless arrest ang isang judge nearest the place of arrest, inform ang Commission on Human Rights, at ang visitation rights naroon," he said.

"Walang limit ang pagdalaw ng abogado at babasahan din siya ng kanyang rights under the Constitution, to remain silent, and so forth. So naroon lahat na safeguards,” he added. — Erwin Colcol/BM, GMA News