“It would have been proper to have us included in the deliberation so that we can express our side and opposed provisions which are against the rights of suspects,” CHR 7 legal officer Arvin Odron.
RA 9372, or the Human Security Act of 2007, was created “to secure the state” and “protect (the) people from terrorism.” Its implementation starts on Sunday.
But CHR 7 is worried about several provisions in the law, especially those that pertains to the prosecution of suspects.
“Ordinarily, the prosecution of offenses is taken care of by the Department of Justice. Extraordinarily, under this law, CHR has the special power to prosecute law enforcers if the rights of the suspects have not been upheld,” said Odron.
Approval
Under the law, the police can ask for a written approval from CHR, municipal, city, provincial or regional trial court, the Sandiganbayan, or of the Court of Appeals to detain suspects for more than three days.
But CHR has no guidelines in issuing the approval.
He said that while the law granted prosecutorial power to CHR, they cannot, under the Constitution, appear in court to prosecute cases
Alonso said there were attempts by Congress to grant CHR prosecutorial power but these are not yet approved.
CHR 7 will wait until tomorrow for advice from its central office on the matter.
For its part, the Integrated Bar of the Philippines will hold an information campaign on RA 9372.
IBP Cebu City Chapter President Briccio Boholst said that before any law is implemented, the government must inform the public about it.
40 years in jail
He said the law has certain provisions that run counter to other existing laws.
The crime of terrorism will be punishable with 40 years imprisonment, without parole. Accomplices will get the same prison term.
The law also provides that surveillance and wire-tapping of communications of suspected terrorists are allowed, but only if there is a written order from the Court of Appeals.
For his part, Police Regional Office (PRO) 7 Director Silverio Alarcio Jr., in a GMA 7 Balitang Bisdak report, assured to punish police personnel who violate the law.
“Our track record is we are not tolerating abuses, even minor ones, we punish them,” Alarcio said.
Alarcio said the PRO7 is preparing a series of seminars for investigators in Central Visayas about the new law.
If the PRO 7 can not get the support of the Integrated Bar of the Philippines, Alarcio will information campaign.
“On our own we are educating our personnel. And we hope we can get the support of the IBP so the public will understand the law,” he said. (NRC/KNT/JST)
