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Sunday, December 18, 2005
Speak out: Anti-terrorism bill
By Rex J.M.A. Fernandez
(Second of two parts)
The anti-terrorism bill pending in Congress proposes to erase all rules and laws on confidentiality, whether in the confessional, between patient and doctor, between lawyer and client, between spouses.
It allows a child to be compelled to squeal against the mother or father and vice-versa. Media personnel are no longer given the privilege not to disclose their source.
In the bill, failure to disclose any information about terrorism is a criminal act.
It allows the military and police to arrest people even without probable cause. If authorities think they have “reasonable ground” to arrest you, they can do so even with lack of evidence.
Note that “reasonable” is arbitrary, for what is poison for the police might be food for the general public.
Bugging
Also, authorities are authorized to tap your phone, your e-mail, your blog, open your letters, bug your house, office or your room or your car and you would not know it, nor do you have the opportunity to question it.
True, they are required to seek a court order to bug people, but the judge has no discretion to deny it as long as authorities can justify it. And all of this is without the knowledge of those targeted for bugging.
Moreover, judges can’t limit the length of time of the operation and the acts of the bugger. Authorities can even enter the house or the premises of the one to be bugged. Who can stop them from planting evidence?
When you are arrested, you can be detained for 15 days if you do not sign a waiver for preliminary investigation. If you do, you can stay detained for 30 days until a case is filed against you.
Detention
There is no assurance that somebody detained for 15-30 days won’t be tortured. Besides, the setup adds to the apprehension and anxiety of relatives who, while given the right to visit the detainee, must still locate him. And they can only know his whereabouts when there is information filed in court.
There is no assurance that the arrested person won’t be transferred from one place to another, or detained in a safe house of any police or military intelligence unit. In the meantime, while he is detained, all his bank accounts can be frozen and his family may end up starving.
The bill considers terrorism a capital crime, thus un-bailable.
Witnesses
Meanwhile, it provides for witnesses to “be immune from any criminal prosecution.” Meaning, they can lie all they want and the accused cannot file a perjury or falsification case against them.
And there is no plea-bargaining, neither can one avail of probation.
With all the odds stacked against the suspect in this proposed law, his only option may only be to commit suicide or go to the hills.
In short, once the anti-terrorism bill becomes a law, fear will pervade every kasagingan, kakawayanan, the nooks and crannies of every house and the pores and cells of every individual. And the great dictator Ferdinand E. Marcos would never be happier in his grave.
(December 18, 2005 issue)
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