Sunday, August 26, 2007 Pabling: Teen’s arrest shows terror law’s gaps
REP. Pablo Garcia said the case filed against suspected bomber Noy Ampuan shows the Human Security Act is “useless” and needs to be amended.
Garcia (Cebu, 2nd district) lamented that even if circumstances already point to acts of terrorism, only a case of illegal possession of explosives was filed against the teenager.
“Way bili ang balaod. It was just an ordinary crime, not terrorism. The law should be amended because it has provisions that even government agencies are afraid to implement because if they make a mistake, they will be committing about 18 crimes,” Garcia said in a radio dyLA interview yesterday.
But authorities were on the right track when they filed an illegal possession of explosives complaint against Ampuan, said Sen. Aquilino Pimentel Jr., who was in Cebu yesterday.
Pimentel also disagreed with Commission on Human Rights 7 Director Alejandro Alonso when he said that the act of bombing is not classified as a “terrorist” act punishable under the Human Security Act of 2007, unless the government “gives in to unlawful demands.”
Causing widespread panic itself can be considered a terrorist act, but this must be proved, the senator said.
“If they feel that they can’t pin him (Ampuan) down under the Human Security Act, well then there are other laws like illegal possession of firearms...that’s easier,” he added.
Ampuan, 19, from Barangay Giawa, Kabuntalan town in Maguindanao Province, was arrested on board Superferry 5 when it made a stopover in Cebu last Wednesday, on its way to Manila from Zamboanga City.
Loopholes
A 90mm recoilless rifle projectile and one M76 rifle grenade were found in a sack of bananas traced to Ampuan.
Although he admitted there were “a lot of loopholes” in the Human Security Act of 2007, National Security Adviser Norberto Gonzales said the law was intended for a “very narrow and particular group of people.”
Gonzales, in an interview during a peace and security assembly in Bohol last Thursday, said they will strictly enforce the law on those suspected of being involved in terrorism and that there was no need to be scared of its implementation.
He agreed with calls to amend some provisions of the law.
However, he is surprised that some opposition legislators are the ones who are the most vocal about the law, saying most of the provisions of the law were from their end.
“Their version was superior to the proposal of the administration, which was why we used their version. The President then certified it as urgent. This law originated from the opposition,” Gonzales said.
Worried
He added that even they were worried about how to implement the law. One provision says that a person wrongfully detained for violation of the law will be entitled to half a million pesos each day he is detained and seven to 12 years’ imprisonment for the arresting officers.
While Gonzales said the law is not perfect, he said it is needed. He cited an instance when a suspected terrorist was arrested in Nueva Ecija for bringing explosives.
The suspect was able to post P300,000 as bail.
“During the Feb. 14 bombing in Edsa in 2005, he turned out to be one of the suspects,” Gonzales said.
As for the plan to have a national ID system, Gonzales said he wonders why there were many objections to the plan, saying, “Filipinos love IDs.”
“I don’t know why they are saying it is a violation of human rights. We are among the few countries with no IDs. It is just an ID to show that we are Filipinos,” Gonzales told reporters Thursday.
Since some provinces have expressed their willingness to adopt a provincial ID system, he wants to see how things go from there. (MEA/JGA)
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