Tupas airs support for anti-terrorism bill, says it has safeguards against warrantless arrest, torture
By Charissa Luci-Atienza
House national defense and security committee chair and Iloilo 5th district Rep. Raul "Boboy" Tupas expressed his confidence on Sunday (June 14) that the proposed Anti-Terrorism Act of 2020 will stand scrutiny, saying that it was the product of Congress' "thorough" consultation with stakeholders and experts in the field.
The House leader also gave the assurance that it has "enough safeguards" against supposed possible abuses being feared by its critics and oppositors.
"I vouch that this piece of legislation will stand scrutiny," he said in a statement, after Malacañang directed the Department of Justice (DOJ) to submit its review of the controversial measure on Wednesday (June 17).
"This piece of legislation has been eight years, three Congresses in the making. This version by Congress enrolled and sent to Malacanang for President Duterte’s signature went through a thorough consultation with stakeholders and experts in the field," he noted.
He expressed optimism that President Duterte will sign the bill into law, citing that the measure was meticulously hammered out by Congress.
"The bill has enough safeguards against warrantless arrest, which critics and oppositors have focused on," Tupas said.
He explained that compared to similar measures of other countries, the 14-day warrantless detention as proposed under the bill "is moderate or lenient."
He noted that both Australia and Sri Lanka, in their proposed amendment to their anti-terrorism law, allowed 14 days' detention without warrant of arrest.
"Bangladesh allows for 15 days while Indonesia for 21 days, Pakistan for 30 days, Malaysia for 59 days, and Singapore for 730 days. These are countries which have experienced their share of terrorist attacks of the most bloody kind," Tupas said.
"Thailand's initial period of detention without warrant is seven days but this can be extended up to 30 days. Indonesia allows for extension up to 120 additional days, and Malaysia up to two years. Both The Maldives and Singapore provide for the indefinite period of detention of suspects deemed to be threats to national security," he added.
The House leader said under the bill, Congress has put in place "notification safeguards."
He explained that the measure requires the arresting officers to notify in writing the judge of the court nearest the place of apprehension or arrest of the following facts: the time, date, and manner of arrest; the location or locations of the detained suspect/s; and the physical and mental condition of the detained suspect/s.
The bill also requires law enforcement agents or military personnel to furnish the Anti-Terrorism Council (ATC) and the Commission on Human Rights (CHR) their copy of the written notice given to the judge, Tupas said.
Under the measure, the head of the detaining facility shall ensure that the detained suspect is informed of their rights as a detainee and shall ensure access to the detainee by their counsel or agencies and entities authorized by law to exercise visitorial powers over detention facilities, he said.
He said the concerned law enforcement agent or military personnel shall immediately contact the free legal assistance unit of the Integrated Bar of the Philippines (IBP) or the Public Attorney's Office (PAO) if the person cannot afford the services of counsel of his or her choice.
Tupas also zeroed in the penalties imposed on government agents who fail to observe the safeguards as proposed under the measure.
The failure to follow the proposed safeguards shall make them criminally liable with imprisonment for 10 years, he said.
"They shall also be administratively penalized with dismissal from service and permanently disqualified from holding public office. They shall also be liable to pay the detainee civil damages, including moral and exemplary damages, with the amount to be determined by the proper court," he said.
Tupas also assured the public that "fears of torture while in detention are also addressed in the bill."
"The Anti-Torture Act of 2009 applies. Torture and other cruel, inhumane, and degrading treatment or punishment at any time during the investigation or interrogation of a detained suspected terrorist is absolutely prohibited and shall be penalized," he explained.
Tupas joined Speaker Alan Peter Cayetano in defending the measure, saying that the country needs "a more effective and relevant" anti-terrorism law.
He said the present anti-terrorism law is no longer attuned to our current domestic and international human security climate where the enemies of states resort to suicide bombing and treacherous killing of civilians and uniformed personnel.
"Given the growing complexity and sophistication of terrorist groups and activities, we need to give our law enforcers elbow room to fight the continuously mutating nature of terror activities," he said.
"As a former Philippine Army officer, I still mourn for countless lives lost in terror attacks, including those 168 government force personnel and 47 civilians killed in the terrorist-prompted Marawi siege," he said.