Wednesday, September 05, 2007 Chief wary of using anti-terror law
THE Criminal Investigation and Detection Group (CIDG) 7 may think it has basis to charge a teenaged suspected bomb courier with violating the Human Security Act of 2007, but Police Regional Office 7 Director Silverio Alarcio Jr. thinks otherwise.
In an interview with reporters yesterday, Alarcio said they can always amend the first complaint of illegal possession of explosives once they gather enough evidence to pin down Noy Ampuan (real name withheld) for violation of Republic Act 9372.
“My instructions to the CIDG were to consolidate all available documents and evidence,” Alarcio said. He said the case can be thought of as a “learning experience” and they can make a careful study of it.
He said he thought the CIDG lacked the elements needed to consider Ampuan’s case an act of terrorism.
No evidence
For someone to commit or conspire to commit terrorism, he must have violated certain provisions in the Revised Penal Code and “sowed and created a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand.”
Ampuan, Alarcio pointed out, merely carried the explosives in a sack.
He said it would have been different if Ampuan had screamed inside the boat threatening to blow it up if a demand was not met. Alarcio also reiterated they did not have the evidence to prove Ampuan is a member of a terrorist group.
“We need to do it properly. There is an Anti-Terrorism Council created to oversee the implementation of the law. Mahirap kung magkamali tayo (We can’t make a mistake),” he said.
The CIDG 7 earlier said they came across a document linking Ampuan to a terrorist group.
Though they would not say what group it is, they said the group has demanded from the government to turn Mindanao into a separate Islamic state.
Ampuan, for his part, is reportedly posting bail, set at P100,000, today.
Sources reveal that Regional Trial Court (RTC) Judge Meinrado Paredes granted his motion to reduce bail.
Lower amount
The suspect earlier asked the court to reduce his bail to P50,000, saying this was only the amount his family can afford, but Judge Paredes declined.
Lawyer Jean Marie Vecina, accompanied by Ampuan’s mother, asked Judge Paredes to rule in behalf of Judge Yrastorza, who is on official business and will be back next week yet.
The case of illegal possession of explosives against Ampuan was raffled yesterday after he requested for a special raffle.
Ampuan, 17, was arrested last Aug. 22 on board the Superferry 5, when it made a stopover in Cebu on its way to Manila from Zamboanga City.
Recovered from his possession were a 90 mm recoilless rifle projectile and one M76 rifle grenade that were hidden in a sack of bananas.
He is now with the Operation Second Chance detention facility for minors in Barangay Kalunasan. (MEA/KNT)
