Breaking News
15 November 2006
SENATE AMENDS ANTI-TERROR BILL, PROTECTS HUMAN RIGHTS
The Senate last Tuesday (14 November 2006) amended the pending Anti-Terror Bill to protect human rights and to make the bill compliant with international law as embodied in the United Nations International Covenant on Civil and Political Rights (ICCPR).The amendments, which were all approved, were proposed by Senator Miriam Defensor Santiago, whose expertise is international law. She argued that the bill should comply with the principle of legality, which means that the definition of criminal offenses covered by the bill should be precise, unequivocal, and unambiguous.
One of the most important amendments proposed by Santiago is to take away the grant of law enforcement powers to military officers.
“The use of military forces in investigating, arresting, and detaining terror suspects gravely increases the risk of human rights violations. The armed forces are not trained to act as an investigating body, as law enforcers, as prison officials, or as investigators examining bank records or monitoring communications,” Santiago said.
“The UN Human Rights Committee, which is tasked to oversee the implementation of the ICCPR, has expressed its concern that providing the military judicial police functions could lead to violations of the ICCPR,” the senator added.
Other important Santiago amendments relate to surveillance methods employed by law enforcement officers on suspected terrorists.
According to the senator, under international law, surveillance is a legitimate method for counter-terrorism operations provided it is regulated by law, pursues a legitimate aim, and is necessary in a democratic society. She stressed that there should be sufficient safeguards in the law against abuse of surveillance methods.
Santiago proposed that an anti-terror law must provide that any person charged of being a terrorist shall always have the right to challenge the legality of any surveillance conducted over him or her.
Another amendment in the bill which was proposed by Santiago is to reduce from 15 days to 48 hours the period for detention without judicial authorization of a terrorist suspect. This means that the police or government law enforcement officers must deliver a suspected terrorist to the proper judicial authority within 48 hours from the moment the suspect was arrested, detained, or taken into custody.
Santiago said that the right of a detainee to be brought before a judge helps to ensure that the detention is lawful and necessary. It also provides a vital safeguard against torture and forced disappearance, because a judge can physically see the detainee and any noticeable signs of ill-treatment on him or her.
Still another important Santiago amendment provides that testimonial and documentary evidence should be obtained in accordance with law if it is to be used to prosecute terror suspects.
The Senate also unanimously accepted Santiago’s proposal to create an Anti-Terrorism Task Force which shall have authority over anti-terrorism projects of the National Intelligence Coordinating Agency (NICA), the National Bureau of Investigation (NBI), the Intelligence Service of the Armed Forces of the Philippines (ISAPF), the Bureau of Immigration, the Office of Civil Defense (OCD), the Anti-Money Laundering Council (AMLC), the Philippine Center on Transnational Crime (PCTC), and the Philippine National Police (PNP).
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