PNP eyes 30-day custody for ‘terror suspects’

If the Philippine National Police (PNP) would have its way, there ought to be a law allowing the police to detain and interrogate suspected terrorists without charges for 30 days instead of just 36 hours.

During yesterday’s Senate hearing, PNP director for intelligence Chief Superintendent Robert Delfin said police could "effectively" fight terrorism if Congress passes a law allowing them to hold suspects for "custodial investigation" for 30 days.

Regarding the concern about possible human rights violations should the PNP’s request be granted, Delfin said, "We have to sacrifice the interest of the few in order to protect the interest of the majority." Delfin said he addressed the Senate as representative of PNP chief Director General Hermogenes Ebdane.

Under the Revised Penal Code, a suspect can only be detained without charges up to 36 hours. After that detention period passes, suspects must be charged in court or set free.

However, other resource persons at the hearing underscored the need to ensure that any anti-terrorism law to be passed by Congress would not "open the doors to human rights violations."

They included Defense Undersecretary Feliciano Gacis, Justice Undersecretary Ricardo Paras, and Foreign Affairs Assistant Secretary Corazon Belmonte Joven.

Militant groups have also posited strong opposition to human rights violations that may result from tightened security measures, including warrantless arrests and prolonged detention of suspects without charges.

Delfin told The STAR in an exclusive interview that he was inspired by the Internal Security Act of Singapore, which empowers the city-state’s police to detain a suspect for a maximum of two years without filing any charges in court against the detainee.

When told that Singapore is better known for stringent laws and autocratic rule rather than democracy, Delfin said, "That’s our problem. We have too much democracy. Look what happens when terrorists get away: Bombs explode and people die."

Delfin clarified that he made the proposal in his "personal capacity," but said many senior police officials support his position.

Sen. Robert Barbers, chairman of the Senate committee on public order and illegal drugs, told The STAR he was "not inclined to dismiss" Delfin’s proposal.

Barbers convened the Senate committee on public order, illegal drugs and finance yesterday to consolidate four versions of the proposed Anti-Terrorist Act filed by Senators Panfilo Lacson, Ramon Magsaysay Jr., Sergio Osmeña III and Noli de Castro.

Australia and other countries in Europe have adopted more stringent laws in the fight against terrorism, Barbers added.

Barbers said new laws in Australia allow the government to detain suspected terrorists for a maximum of five days, while suspects arrested in Norway could be jailed for seven days without charges.