Archive for March 9th, 2007
Communists eyed for gov’t terror list — officials
MANILA, Philippines — Security officials said they are eyeing the inclusion of communist rebels, aside from local Al Qaeda-linked militants, in a list of terrorist organizations to covered by the Human Security Act (HSA) of 2007, better known as the anti-terrorism law.
Based on “previous actuations,” the Communist Party of the Philippines (CPP), its armed wing the New People’s Army (NPA), and the extremist groups Abu Sayyaf and Rajah Solaiman Movement (RSM) can qualify as terrorist groups, Defense undersecretary Ricardo Blancaflor said.
The inclusion of these groups would pave the way for the arrest of their members.
Although the HSA does not specify the penalties for members of the so-called terrorist groups, under the Revised Penal Code, members of “illegal” organizations can be imprisoned from six months to four years, Blancaflor said during a lecture in Camp Aguinaldo.
Section 17 of the new law gives the Department of Justice (DoJ) powers of “proscription,” meaning it may recommend to regional trial courts the classification of groups as terrorist organizations.
However, Blancaflor said the classification of terrorist groups would be based on their actions after the law takes effect on July 14. Actions prior to this date, he added, could be used only as “supporting evidence.”
“[A] classic example is Abu Sayyaf. Under the law, they can be classified as terrorists after July 14, so whatever they did in the past will only be used as supporting evidence,” he said.
Blancaflor noted the CPP-NPA’s involvement in extortion and the alleged murders of their comrades and the Abu Sayyaf’s kidnapping sprees and its involvement with the RSM in two bomb attacks that killed over 200 people and wounded scores others: the Superferry bombing in February 2004 and the Valentines Day bombing a year later.
These acts, Blancaflor said, satisfied the three-pronged definition of terrorism under the new law, which President Gloria Macapagal-Arroyo signed last March 6: a criminal offense meant to create widespread panic to achieve an illegal demand.
“Based on their previous actuations, yes, as we have seen, as the whole country has been affected, yes,” Blancaflor said, when asked if the CPP-NPA could be classified as a terrorist organization.
“If they stop doing that after July 14, if they start coming down from the hills, if they will stop this abuse, condemn their own killings, then there will be no need to tag them as terrorists. But it’s really up to their actuations after July 14,” he added.
Asked which other groups aside from the Abu Sayyaf could qualify as terrorists, Blancaflor said: “Based on our experience, [they were] involved in the Superferry 14 and Valentines Day [bombings], the Rajah Solaiman Islamic Group.”
A technical working group will start work soon to prepare for the proscription process once the law takes effect, the official said.
Blancaflor said the CPP could be considered a terrorist organization even if the Anti-Subversion Law was repealed in the 1980s to pave the way for peace talks between the government and the leftist rebels.
“If it is eventually judged by the regional trial court as a proscribed organization, then it would fall under illegal association, which is a punishable crime right now under the revised penal code,” he said.
Blancaflor noted that the surveillance component of the new law would allow authorities to arrest terror suspects and freeze their bank accounts even before their plans could be carried out.
He said suspects arrested before a terrorist act is committed could be charged with conspiracy to commit terrorism.
“With surveillance we can proceed [while suspects are in the] preparation stage. We can get enough information against them to interdict them, to prevent them from furthering the crime or altogether freeze their accounts,” he said.
Blancaflor also claimed that the law would not penalize journalists for interviewing terror suspects as long as it is done “in your journalistic capacity.”
However, no such safety net was mentioned in a copy of the law that Blancaflor distributed to reporters.
According to Section 6 of the law any person caught “harboring, concealing, or assisting in the escape of the principal or conspirator of the crime” could be sentenced to up to 10 years and one day to 12 years in jail.
Asked if journalists could be compelled to reveal their sources on stories on terrorism, Blancaflor said: “The answer is no. The answer is categorical, no.”
View article as posted on INQUIRER.net
Sandigan allows ‘Atong’ Ang leave for medical checkup
MANILA, Philippines — The Sandiganbayan anti-graft court has allowed Charlie “Atong” Ang, deposed president Joseph Estrada’s co-accused for plunder, a one-day medical pass after a special hearing on Friday, his lawyer said.
Ang, who is suffering from hypertension and a kidney ailment, was given from 8 a.m. to 5 p.m. on Monday to go the Metropolitan Medical Center in Manila for a medical checkup, his counsel, Alfredo Villamor, said.
The former consultant of the Philippine Amusement and Gaming Corp. (Pagcor) has been detained at Camp Bagong Diwa in Taguig City since he was extradited to the country from the United States in late 2006.
“If we leave him unattended, his condition might get worse,” Villamor said in a phone interview.
Depending on his doctor’s advice, Villamor said he could ask for an extended stay at the hospital for his client.
View article as posted on INQUIRER.net
Defense establishment wants anti-terror law amended
Balks at penalty for wrongful detention
MANILA, Philippines — Even before the Human Security Act of 2007, more commonly known as the anti-terrorism law, can take effect, the defense establishment is already proposing amendments to the measure, an official said Friday.
Defense undersecretary Ricardo Blancaflor, director for legal public information and advocacy of the Anti-Terrorism Task Force (ATTF), specifically balked at what he called the “very high penalties” for the wrongful detention of suspects.
The law sets the penalty at P500,000 for each day a suspect is wrongfully detained, with the money to be drawn from the budget of state security forces.
Blancaflor said security forces want this drastically cut to only P20,000 a day with a P2-million cap.
“There will be several [proposed] amendments, one of which is the very high penalties,” Blancaflor said during a lecture in Camp Aguinaldo.
“It’s impractical…That’s P180 million a year” if a person is wrongfully detained that long with the penalty set at P500,000 daily, he said.
However, Blancaflor admitted that no lawmaker from the Senate or House has thus far agreed to introduce the amendments when the 14th Congress opens July 1.
Section 17 of the HSA grants the Department of Justice (DoJ) the power of “proscription” or to submit to regional trial courts for approval the names of groups to be branded as terrorist organizations.
Blancaflor said mere membership in a court-recognized terrorist organization carries a six-month jail term.
“The power of proscription is given to the executive branch,” he said.
The law, which President Gloria Macapagal-Arroyo signed on March 6, gave a three-pronged definition of terrorism: the commission of any of 10 violations to the Revised Penal Code and presidential decrees, which is done to create “widespread and extraordinary fear and panic,” and “coerce” government to give in to “unlawful demands.”
The 10 violations are for articles 122 (piracy in general and mutiny in the high seas), 134 (rebellion or insurrection), 134-a (coup d’etat), 248 (murder), 267 (kidnapping and serious illegal detention), 324 (crimes involving destruction), 5207 (Atomic Energy Regulatory and Liability Act), 6235 (Anti-Hijacking Law), and Presidential Decrees 532 (Anti-Piracy and Anti-Highway Robbery law of 1974) and 1866 (illegal possession of firearms and explosives).
View article as posted on INQUIRER.net
