Fears over anti-terror bill unfounded, cerebrally challenged –Panelo

Chief Presidential Legal Counsel Salvador Panelo on Sunday slammed criticisms of the controversial anti-terrorism bill as “unfounded” and “cerebrally challenged,” following days of online and offline protests against the measure.

Panelo belied accusations that House Bill 6875, which aims to strengthen the Human Security Act of 2007, will penalize dissenters.

“Not only is such advocacy a falsehood, it is cerebrally challenged. The Constitution declares the service to the people and their protection as the prime duty of the government,” he said in a statement.

Panelo also underscored the need for the government to “have at its arsenal a law that can respond to the exigencies of the time and neutralize the terrorists’ agenda.”

The United Nations High Commissioner for Human Rights earlier warned that the measure could dilute human rights safeguards by broadening the definition of terrorism and expanding the period of warrantless detention.

In March, the National Union of People’s Lawyers also sounded the alarm over the Senate’s version of the bill, arguing that it would be the government’s “most potent weapon” against dissenters.

Panelo rejected such conclusions.

He argued that the bill “accurately defines terrorism based on what the world has seen on the acts and stratagem the terrorists have used.”

“Critics also argue that the bill is intended against the dissenters. Absolutely false. The proposed act specifically states that terrorism, as penalized thereby, does not include dissent. Neither is advocacy covered. Nor is protest,” Panelo added.

He also said that mass actions like work stoppage and rallies “not intended to cause death or serious physical harm to a person, or endanger a person’s life, or create a serious risk to public safety, do not fall within the ambit of the anti-terrorism act.”

The bill simply defines “terrorist” as “any natural person who commits any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10,11 and 12 of this Act.”

A “terrorist organization, association, or group of persons” refers to “any entity organized for the purpose of engaging in terrorism, or those proscribed under Section 26 hereof or the United Nations Security Council-designated terrorist organization.”

Warrantless arrest

The bill also extends warrantless arrests for suspected terrorists from three days to a total of 24 days.

Panelo argued that the extension was necessary “by reason of the potential grave risk that a suspected terrorist is freed immediately prior to his being judicially charged.”

“He could immediately join his fellow terrorists and execute their terror attacks or alert them of the impending moves of the government forces to neutralize them,” he said, adding that other Asian countries have much longer periods of detention for terrorists.

Panelo also noted that detained suspected terrorists can exhaust extra-legal remedies to question the legal basis of their arrest and detention and also file a petition for bail.

Anti-Terrorism Council

Among the most controversial provisions of the bill is the creation of an Anti-Terrorism Council (ATC), which will be composed of nine Cabinet members.

The ATC will be led by the Executive Secretary, vice-chaired by the National Security Adviser, while other members are the Secretaries of Foreign Affairs, National Defense, Interior and Local Government, Finance, Justice, Information and Communications Technology and the Executive Director of the Anti-Money Laundering Council.

“The implication of the criticism is that the council members do not have the training and the competence of a judge to establish the existence of a probable cause. The criticism is misplaced,” Panelo said.

“The composition of ATC under the proposed law would have three lawyers. They are Executive Secretary Salvador Medialdea, Foreign Affairs Secretary Teodoro Locsin Jr., and Justice Secretary Menardo Guevarra,” he added.

Panelo also argued that the ATC will base its findings on the submissions of law enforcement officers.

The measure is now awaiting President Rodrigo Duterte’s signature after he certified it as “urgent” on June 1. — DVM, GMA News