Thursday, July 26, 2007 HSA technically ties our hands: Police
POLICE are “a little bit low in morale” about implementing the Human Security Act (HSA) of 2007 because of several provisions that technically tied their hands up.
Particularly, police investigators and several officials under the Police Regional Office (PRO) 7 cited the provisions in the law stating that law enforcers, who do not follow the process in detaining someone suspected of being a terrorist, can be fined P500,000 for each day a person is wrongfully detained, and may be jailed from eight to 12 years if a law enforcer failed to present before the court a suspected terrorist within 72 hours after the arrest.
Acting Cebu Provincial Police Office Director Carmelo Valmoria said that personally, it is ideal that instead of the three-day or 72 hours reglamentary period, police should have been given one month to give them ample time to gather enough evidence to pin down a suspected terrorist.
Investigation
Although the law took effect last July 15, majority of the police officials who attended yesterday’s “Talakayan sa Isyung Pulis (TSIP)” spearheaded by the PRO7 and the Philippine Information Agency (PIA) agreed on the need to further study the law.
Criminal Investigation and Detection Group (CIDG) 7 Jose Jorge Corpuz said that the law is more of a disadvantage to the police because it “technically tied our hands.”
Corpuz also brushed aside fears that it will be abuse because law enforcers are very careful in implementing the new law.
Supt. Anthony Obenza of the PRO 7 Police Community Relations Division hopes more teeth will be put into the law, saying that that the new law only made a “complete mockery of what the police should do.”
He said there is a need to amend the law in conformity with the international standards.
Punishment
Acting Cebu City Police Office Director Patrocinio Comendador also pointed out that while the law is very clear about the penalty against policemen, it did not specifically deal on the punishment of the terrorist.
Police Regional Chief of Staff Drusilo Bolodo suggested for the government to create a special unit tasked to focus on the campaign against terrorists.
PRO7 Deputy Director for Administration Ronald Roderos, however, said one advantage of the law is that the police now have the specific law that gives them the right to stop before any terrorist acts are committed.
Roderos said that since December 2000, a total of 238 civilian deaths were blamed on terrorists. These are the Light Rail Transit bombing in Manila in December 2000 and the Super Ferry 14 explosion in February 2004.
Recently, 14 Marines were killed in the encounter with the Moro Islamic Liberation Front rebels.
They had been scouring the jungles for the kidnapped Italian priest, Fr. Giancarlo Bossi, when they were attacked.
Roderos said that five years ago when the law was introduced in the Senate, 100 amendments have been made.
Mechanism
Under the new law, there are 62 provisions on protecting the human rights of probable suspects, 22 provisions imposing penalties against law enforcers and there are only four provisions against the terrorists.
Roderos said the sentiments raised by the officials are being noted as part of the feedback mechanism, which will be forwarded to Camp Crame.
In the meantime, Roderos said the law has already taken effect and the marching order of PNP Chief Oscar Calderon is to “properly implement the law.” (JST)
