Palace order sending more troops should be challenged in court — NDF consultant
MANILA, Philippines — President Rodrigo Duterte's order to deploy additional troops to some parts of the country to suppress "lawless violence" should be challenged in court, a National Democratic Front peace panel consultant said.
NDF consultant Rey Casambre said Malacañang's order to deploy additional police and military forces in Samar, Negros Oriental, Negros Occidental and the Bicol Region should be challenged in court after the Philippine National Police admitted that it targets the New People's Army, the armed wing of the Communist Party of the Philippines.
"I'm glad that (PNP spokesperson) Gen. (Benigno) Durana described the CPP-NPA as communist-terrorists... In 2006, the Supreme Court said you cannot use as a basis acts of terror because at that time there was no law defining terror, no Human Security Act," Casambre told ANC's "Early Edition."
Republic Act 9372 or the Human Security Act of 2007 condemns terrorism as inimical and dangerous to national security and makes terrorism a crime against the Filipino people, against humanity and against the law of nations.
Casambre pointed out that Executive Secretary Salvador Medialdea was "careful" in citing the Human Security Act in issuing Memorandum 32.
As far as RA 9372 is concerned, the CPP-NPA is not considered as terrorists yet, the NDF consultant said.
"There is a declaration by the president — Proclamation 374 — last year declaring the CPP-NPA as terrorists but that does not make the CPP-NPA legally as terrorists... You need a prescription case, you need a court order to do that," Casambre said.
According to Casambre, it is dangerous for the Armed Forces of the Philippines and the PNP to label the CPP-NPA as "communist terrorists" as they would be "running ahead of the law."
Malacañang issued Memo 32 last Thursday to "suppress lawless violence and acts of terror" and "prevent such violence from spreading and escalating elsewhere in the country."
The memo also indicated that any military or police personnel found violating any constutional rights upon the intensified operations in concerned areas would be held administratively, civilly or crimunally liable.
Memo 32 is in accordance with Proclamation 55, which Duterte issued on September 2016 to declare a state of national emergency on account of lawless violence. — Patricia Lourdes Viray
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