IBP-Lanao del Sur condemns alleged illegal searches, seizures in Marawi

MANILA, Philippines— The Integrated Bar of the Philippines – Lanao del Sur Chapter has condemned alleged illegal search and seizure operations by security forces in Marawi City following reported human rights abuses, privacy invasion and ransacking in residential and commercial establishments.

“The IBP-Lanao del Sur Chapter hereby expresses its severe outrage and condemnation over illegal searches and seizure in Marawi City by military men, police and other law enforcement agencies which results in rampant loss and deprivation of properties and possessions of innocent civilians,” the IBP chapter said in its report dated June 9.

The IBP expressed its opposition after it received reports fresh from the conflict area that clearing operations conducted by soldiers in Marawi City resulted in violations of human rights and the Constitution.

It said that while it supports President Rodrigo Duterte’s declaration of martial law in Mindanao, it does not ignore the human rights abuses committed when it was implemented.

“The IBP-Lanao del Sur Chapter has been utterly shocked, to use a milder term, by the sheer magnitude of wanton disregard of sanctity of domicile, the right against deprivation of property without due process of law, the right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures and the privacy of communication and correspondence of innocent civilians committed by AFP (Armed Forces of the Philippines) and PNP (Philippine National Police) who take pride in being protectors of the people,”  an excerpt of the IBP Lanao del Sur chapter’s report read.

Martial law has been in place in Mindanao since May 23 and the privilege of the writ of habeas corpus has also been suspended since then. Martial law, however, does not suspend the bill of rights.

It enumerated five violations of the Constitution committed by the government forces. These are:

• Searches without warrants of residential and commercial establishments bearing no badge of suspicion linking to Maute group

• Unauthorized intrusions of residential and commercial establishments without the presence of owners, media or any authorized person

• Forcible entries of private residential and commercial establishments

• Total disregard of plain view doctrine in searches and seizures activities

• Ransacking of residential and commercial establishment with authority

These concerns were also mentioned by anti-martial law petitioners led by Albay Rep. Edcel Lagman and lawyer Marlon Manuel in their respective memoranda against martial law.

The alleged abuses were also mentioned during the oral arguments.

Solicitor General Jose Calida, who represents the government, on the other hand, said in his memorandum that, under martial law, the members of the armed forces are expected to perform the functions of the police force such as effecting arrests. The implementor of martial law may also issue arrest orders to alert the entire armed forces of the identity of members of rebels and groups.

“ Allowing the warrantless arrest of individuals identified as members of rebel groups minimizes their possibility of escape and the propagation of their ideology, and prevents the commission of more crimes in furtherance of the rebellion,” Calida’s memorandum read.

“Therefore, such warrantless arrests based on the Arrest Orders are not unreasonable as they are only limited in purpose and may be effected only during the period of martial law,” it added.

AFP not involved in looting

Despite the reports, the Armed Forces of the Philippines denied that its troops are involved in illegal looting of Marawi establishments and residences. Instead, it blamed the robbery on Maute group members who allegedly uses Christian hostages for unauthorized acts.

Meanwhile, to resolve the concerns on rights abuses and theft, IBP-Lanao del Sur chapter recommended that the military immediately stop searches and seizures without court warrants. It also suggested the creation of a credible multi-agency investigation committee composed of independent groups and individuals to avoid a whitewash and ensure impartial findings and swift prosecution.

It asked Defense Secretary Delfin Lorenzana, who is also martial law administrator, to act and to respond decisively and consider the recommendations.

It also urged all IBP chapters nationwide to support the chapter’s actions to protect the bill of rights of the people in Lanao del Sur and Marawi City.

“If, in the remotest possibility, this urgent plea falls on deaf ears, the IBP-Lanao del Sur Chapter will not hesitate to take appropriate legal action,” the IBP chapter warned. 

Last Saturday, a report quoted Human Rights Commissioner Roberto Eugenio saying there have been no reports of violations committed authorities after Duterte declared martial law in the whole of Mindanao on May 23.