Sunday, July 08, 2007 Duterte urged to join petition for HAS review By Ben O. Tesiorna
DAVAO City Mayor and Presidential Adviser on Law and Order Rodrigo Duterte was recently asked by militant groups to join in their petition calling for a review on the controversial Human Security Act set to be implemented this month.
Bayan Muna asked Duterte to lobby for the thorough review of the Anti-terror Law saying "the Mayor's objectives in keeping the peace and order in the Mindanao region should maintain in protecting human rights and upholding democracy."
"The authors of the Human Security Act are divergently seeking their ends than that of the peace and order that we believe Mayor Duterte has justly envisioned and been working not only for the people of Davao but for all the Mindanaoans," Bayan Muna Southern Mindanao regional coordinator Jeppie Ramada said in a statement.
"We plea that the Mayor will heed the concerns of the church people, media, and the progressive groups who are the most susceptible targets of this anti-people imposition," he added.
In earlier interviews, Duterte however refused to give any comment on the issue saying he has to read the law first before giving his opinion and making a stand on the issue.
Bayan Muna also urged the members of the Davao City Council to join the people's protest against the implementation of the Human Security Act as they are all bound to safeguard the fundamental rights of the people and their rights as government officials.
"Our city councilors should share the same concerns we have for the people's safety as they could someday become victims themselves. The Human Security Act is boundless in hitting the people that the state can call its enemies," Ramada said.
Bayan Muna will file a Declaratory Relief to defer the implementation of the Human Security Act and will push for its repeal at the start of the 14th Congress.
Senator Panfilo Lacson meanwhile cautioned government officials to be cautious in making remarks regarding the intricacies of the said law saying it would just create more confusion among the public.
Lacson was obviously referring to Justice Secretary Raul Gonzales’ statement that with the HAS, media can now be easily wiretapped.
On this note, Sen. Lacson rebuked Secretary Raul Gonzalez for jumping the gun on the provisions on wiretapping of the Human Security Act.
"For one, we have yet to draft the implementing rules and regulations of this new law. Also, the Department of Justice is only a member of the inter-agency Anti-Terrorism Council, which collectively decides on its recommendations for wiretapping," Lacson, who is one of the principal sponsors of the HSA, said.
Thus, he said Gonzalez can only make recommendations to the Council, but the Council will have to decide collectively, and then obtain the needed order from the Court of Appeals.
Chairing the Council is the Executive Secretary. Other members include the national security adviser, and the secretaries of the interior and defense departments.
He said it is up to the Court of Appeals to allow wiretap operations upon the recommendation of the Council and that the authorization is only valid for 30 days, subject to extension that would have to be covered anew by a court order.
Lacson likewise allayed fears of some sectors that the HSA may be abused and used to oppress the citizenry, saying appropriate and numerous safeguards are in place in the new law to prevent abuse.
Primarily, Lacson said the law bars the military from directly participating in anti-terrorist operations. The military's role is limited to technical and logistical support to law enforcement agencies such as the Philippine National Police and National Bureau of Investigation, he said.
Lacson said he also expects law enforcement agencies to be wary from exploiting the law since it provides for the reparation of wrongly accused persons – P500,000 for every day in wrongful detention – which will be charged upon the operating agency's budget.
He also noted law enforcers who detain a suspected terrorist should keep a logbook detailing the circumstances of detention. They should also allow visits from the detainee's lawyer and immediate family. (With PR)