MARCO VALBUENA |
CHIEF INFORMATION OFFICER | COMMUNIST PARTY OF
THE PHILIPPINES
OCTOBER 18, 2020
The implementing rules and regulations issued by Duterte’s
Anti-Terror Council (ACT) details how the so-called Anti-Terror Law will be
used to stifle dissent and suppress civil and political rights. It attempts to
give the law a facade of “respect for human rights” but its fascist fangs are
revealed in the details.
Section
4.4 is particularly deceptive which lists advocacy, protest and other similar
exercises of civil and political rights as “not considered terrorism” BUT ONLY
IF these do not serve “terrorist” aims which include to “intimidate the general
public” or “create an atmosphere or spread a message of fear” and other criteria
which the Duterte cabal can conjure against its critics.
The
Department of Justice claims that the rules stipulate that “mere suspicion” is
not ground for arrest. However, the rules state that individual or groups can
be designated as terrorists by the ATC “on reasonable ground of suspicion”
which, of course, will be to the determination of the zealots in the ATC.
The
ATC declares it does not claim judicial or quasi-judicial powers, yet it
empowered itself to release a list of “designated terrorists” which will
practically serve as death sentences to those who will be included. This
overturns the internationally accepted norms of due process and the underlying
tenet of “innocent unless proven guilty”, as those in the list will surely be
treated as guilty and be subjected to state repression and liquidation. This
makes a mockery of humanity’s achievements in the field of bourgeois law and
human rights. This law and its rules are a slap on international legal
conventions and sets the country apart as a pariah.
This
is no different from the Armed Forces of the Philippines’s counterinsurgency
practice of maintaining a “list of New People’s Army members and supporters”
and requiring those in the barrios to submit themselves to its authority under
pain of arrest or extrajudicial killing.
The
rules of the Anti-Terrorism Act, furthermore, gives wide latitude for state
forces to carry out warrantless arrests and prolonged detention of up to 24
days without charges, surveillance and wiretapping, restricting people’s right
to travel and other draconian powers.
The
Party joins civil libertarians, defenders of human rights and freedom-loving
Filipinos in denouncing these implementing rules and regulations and in
reiterating the demand for the junking of Duterte’s terror law.
The
negative repercussions of this undemocratic law on civil rights and freedoms
are gross and far-reaching. The broad range of democratic forces must unite,
stand firmly, mightily oppose this law and clamor for its immediate repeal.
All
those responsible for this fascist law must be made to pay for enabling Duterte
to reign with brazen terrorism. They should be ousted together with the tyrant
himself in order to pave the way for the restoration of freedoms under a new,
more democratic regime.
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