CHR to monitor censorship, arrests

MANILA, Philippines - The Commission on Human Rights (CHR) is monitoring reports of censorship threats and instances of warrantless arrest following the declaration of martial law in Mindanao as Marawi City is under siege by the Maute terror group.

“We shall study the matter as we are still waiting for reports from our regional offices,” CHR spokesperson Jacqueline de Guia told The STAR yesterday.

She was reacting to reports that several people were taken into custody in Mindanao after they failed to present identification cards to authorities.

Armed Forces of the Philippines (AFP) spokesman Brig. Gen. Restituto Padilla was also quoted as saying that the military will exercise its right to censor to ensure that no sensitive information will get into the wrong hands.

The military has yet to release details and guidelines regarding the censorship.

Earlier, the CHR urged the public to report any instance of abuse of power to the AFP, citing the assurance made by Padilla that the military will take quick action should any case of abuse be reported to them.

The commission also reiterated its reminder to law enforcers to protect and uphold the basic rights of all people.

“We would like to reiterate the guidelines stated in the Philippine National Police (PNP)’s refresher on the do’s and don’ts of martial law, as well as the Department of National Defense (DND)’s Guidance on Martial Law Implementation enjoining government to ensure that human rights and the rule of law prevail,” De Guia said.

“The commission reminds the members of its police force and army in Mindanao where the limits of their power lie in regards to protecting civilians,” she added. 

De Guia also reiterated that there is legislation and protocol in place to ensure that the human rights abuses that have occurred in the past are not repeated, noting that the 1987 Constitution has provisions to protect the rights of citizens and those within the territory of the Philippines. 

“As stated by the PNP and DND, we encourage all police officers and military personnel to study this list of do’s and don’ts... and to strictly comply to reduce the possibility of any misdemeanor or breach of citizen’s rights happening during this time of conflict,” she added. 

The CHR said police and military personnel cannot issue or conduct warrantless arrests outside the circumstances provided by the Rules of Court. 

“Those who are arrested or detained cannot be charged beyond the period of three days, nor can civilians be tried in military tribunals. The declaration of martial law does not suspend the functioning of the civil courts and the legislative assemblies,” the CHR said.

Any arrest, search and seizure executed in the area where martial law is declared, including filing of charges, should comply with the Revised Rules of Court and applicable jurisprudence, the CHR added.

The House of Representatives, which is dominated by President Duterte’s new and old allies, supported his declaration of martial law in the entire Mindanao.

Quezon City Rep. Alfred Vargas lauded the AFP’s action on the matter as well as Duterte’s decision to cut short his trip to Russia in order to deal with the situation in Mindanao. 

Rep. Harry Roque of Kabayan party-list believes martial law in Mindanao is justified. 

“During emergencies such as this, the government must act swiftly. While many fear martial law because of its negative connotations in the past, we should look at the present facts with a sober perspective,” he said.

Sen. Cynthia Villar, another ally of Duterte, chided martial law critics in Luzon for criticizing Duterte’s decision to declare martial law in Mindanao.

Villar, who ran for the Senate under the ticket of former president Benigno Aquino III of the Liberal Party, said critics of martial law should just shut up and let the Mindanaons do what they think is best to resolve the conflict in Marawi City.

For Quezon City Rep. Winston Castelo, the President may try to seek the help of the Association of Southeast Asian Nations (ASEAN) in fighting the Maute group that has links to the terrorist group Islamic State (IS).

Castelo cited a newspaper report from the Singapore Straits Times saying two Malaysians were among the 13 IS-linked militants killed in the military’s battle against the Mautes in Marawi City. – With Delon Porcalla, Robertzon Ramirez