DOJ: Law to address nihilistic violent extremism should be prioritized

The Department of Justice (DOJ) on Thursday called on Congress to prioritize the creation of a law to address nihilistic violent extremism (NVE), following the shooting incident at a private school in Tacloban City that left three people dead.

“Talagang dapat. Dapat, sa tingin namin ma-prioritize ito,” Justice Undersecretary Nicky Ty said in a press conference.

(It really should be. We believe this should be prioritized.)

“Bagamat magagawan natin ng paaran ngayon gamitin ‘yung mga iba pang batas para imbestigahan itong kasong ito, mas maganda talaga kung may isang batas na buo at partikular sa problema na gagamitin natin na hindi lang pinaparusahan bilang krimen ito. Tinitingnan din lahat ng aspeto na sinabi natin. May proteksyon ng mga bata, koordinasyon sa ibang bansa, at iba pang aspeto,” he added.

(Although we can now find ways to use other laws to investigate this case, it would really be better to have a comprehensive law specifically addressing this problem that does not merely punish it as a crime, but also takes into account all the aspects we have discussed, including the protection of children, coordination with other countries, and other related matters.)

Ty reiterated that the country has no sufficient legal framework to tackle NVE.

He said that the law addressing NVE should be comprehensive and must acknowledge that there is such a phenomenon in the Philippines and globally.

“Unang-una, kilalanin. Kilalanin na may ganitong phenomenon na nangyayari dito sa mundo at sa Pilipinas. Pangalawa, bigyan ng pangalan,” he said.

(First and foremost, recognize it. Recognize that this phenomenon exists in the world and in the Philippines. Second, give it a name.)

Currently, the undersecretary said the government has no definition for NVE yet.

“Tignan na lang natin kung ano ‘yung gawain mismo at ‘yung gawain na ito ay pag-abuso, no? Pag exploit sa mga kabataan or maski sa mga young adult upang gumawa ng sari-saring kasamaan,” he said.

(Let us simply look at the conduct itself. This conduct involves the abuse and exploitation of children, or even young adults, to make them commit various wrongful acts.)

“Minsan nag-uumpisa lang sa minor crimes tulad ng breaking and entering, minsan umaabot sa production of CSAEM, minsan sa self-mutilation… hanggang umabot na sa punto na magkaroon tayo ng mass casualty attempt,” he added.

(Sometimes it begins with minor crimes such as breaking and entering. Sometimes it escalates to the production of CSAEM. Sometimes it leads to self-mutilation… until it reaches the point where there is an attempt to cause mass casualties.)

Meanwhile, he said the law should establish an inter-agency body to tackle the issue as there is a need of a whole-of-government approach, if not a whole-of-nation approach.

Ty said the law must also tackle coordination and cooperation with other nations.

In the absence of a law, Ty said authorities are looking into existing laws such as the Cybercrime Prevention Act of 2012, the Anti-Online Sexual Abuse or Exploitation of Children and Anti-Child Sexual Abuse or Exploitation Materials Act, and regular crimes under the Revised Penal Code to hold those responsible accountable.

“‘Yung terrorism, pag-aaralan natin kung maaaring masakop doon itong NVE, lalo na kung magkaroon ng mass casualty event kasi nga ‘yung mga ibang bansa na pinagdadaanan din itong problemang ito, ginagamit nilang terrorism framework nila upang mag-imbestiga at panagutin ang mga perpetrators behind this,” he said.

(We are looking into whether terrorism may cover NVE, especially if it results in a mass casualty event. This is because other countries facing the same problem use their terrorism framework to investigate and hold the perpetrators behind it accountable.)

However, Ty said this must be studied thoroughly, as terrorism is controversial.

He also said authorities must be careful in labelling a child as a terrorist.

In late June, two minors were involved in a shooting incident at the San Jose National High School in Barangay San Jose, Tacloban City that left three individuals dead and numerous others injured.

Since then, the Philippine National Police has filed a complaint against the 15-year-old shooter for three counts of murder and two counts of attempted murder.

“Following the inquest, CICL Rod will now undergo the regular preliminary investigation process. He remains deprived of liberty at the regional rehabilitation center for youth in Region VIII,” Justice Undersecretary Ian Dato said.

Meanwhile, Dato said that the 14-year-old shooter, Nash, remains under the custody of the Department of Social Welfare and Development at the regional rehabilitation center for youth in the region.

Nash is undergoing intervention programs.

Dato also said their regional prosecution office assisted the families of the victims in filing their claims for financial assistance. —LDF, GMA News