Citing 'terrorist-tagging', Muslim petitioners file latest legal challenge vs anti-terrorism law
MANILA, Philippines — Another petition from residents of Mindanao, citing "Abu Sayyaf Group-tagging" of Moros, was filed against the much-feared anti-terrorism law on Monday at the highest court of the land.
This is the 28th legal challenge against Republic Act 11479 or the Anti-Terrorism Act of 2020 and the fifth petition challenging the anti-terrorism law filed by Mindanaons.
Among the petitioners are Main Mohammad, an Islamic worship leader or Imam; inmate Jimmy Bla from Zamboanga, who is currently detained in the Metro Manila District Jail Annex; a lawyer from Sulu and lawyers from the Philippine Alliance of Human Rights Advocates.
The petitioners said that while the goal of the law is laudable, “its terms are overbroad and subject to abuse, and its enactment is ill-timed.”
As with previously filed pleadings, they asked the SC to issue a temporary restraining order to restrain the government from implementing the law and declare several provisions of the law as unconstitutional.
They also asked the SC to set the petition for oral arguments. Earlier filed petitions have been set for oral arguments, at the earliest, on the third week of September.
RELATED: Cheat sheet on the looming legal battle on the anti-terrorism law
'Abu Sayyaf Group-tagging'
In making their case, the petitioners told the court of the circumstances of arrest petitioner Bla and detention of Mohammad. Both have been “randomly tagged” as members of the Abu Sayyaf Group.
Mohammad, an Imam, was arrested in August 2017 and was detained for nearly two years at the Special Intensive Care Area, for those charged as members of the ASG. A court dismissed the case against him in April 2019 after the government’s witness failed to identify him as a member of ASG.
Petitioner Bla remains in detention, since he was arrested in February 2018, also after he was tagged as a member of the Abu Sayyaf.
Petitioner Nazr Dilangaldn, an engineer in Cotabato City, was detained for five days on the basis of an “unverified list containing more than 700 names of suspects in the Marawi siege.” He was later told he is being pointed to being an alleged key recruiter of the Maute-Abu Sayyaf. He languished in jail for two years before the case was dismissed against him.
“Petitioners Mohammad, Bla, and Dilangalen have been criminally charged to be members of the ASG or Maute groups, and even with the cases of Mohammad and Dilangalen having been dismissed, they continue to face a real and credible threat of prosecution under the Anti-Terrorism Act because of the pernicious practice of tagging persons as terrorist based solely on their religion.,” the plea read.
The petitioners explained that ASG-Baiting or ASG-Tagging “is the act of labelling a random Moro to be a member of the ASG,” with the link alleging a participation to a terrorist act.
“The longstanding and ingrained practice of ASG-tagging against Moros whose rights are perpetually violated reinforces the real and credible threat posed by the Anti-Terrorism Act of 2020,” they said.
The law’s enforcement would make Mohammad, Bla and Dilangalen—previously tagged to be members of the ASG or the Maute—“vulnerable to being re-arrested and detained on mere suspicion of being ‘terrorists.”
“This is because the Anti-Terrorism Act has removed the protections that the petitioners relied on in their defense against the indiscriminate apprehensions and unfounded criminal prosecutions made against them,” they also said.
President Rodrigo Duterte signed the Anti-Terrorism Law on July 3 despite opposition from rights groups and civil society groups that it could be used to stifle human rights.
A petition against the law has been filed at the Supreme Court and other groups are preparing pleadings of their own.
Follow this page for updates. Photo courtesy of The STAR/Michael Varcas
National Security Adviser Hermogenes Esperon moves to block access to several websites, including news sites of alternative news orrganizations Bulatlat.com and Pinoyweekly.org.
In his letter to the National Telecommunications Commission, he only says the websites are "affiliated to and are supporting these terrorists and terrorist organizations."
No other basis to back up his allegation was cited in the letter.
Citing the designation of the CPP-NPA-NDF as terrorists, NSA Hermogenes Esperon moves to block access to several sites.
— Kristine Patag (@kristinepatag) June 22, 2022
In Esperon's letter to the NTC, he included news sites @bulatlat and @pinoyweekly; sites of other progressive groups RMP and Save our Schools. @PhilstarNews pic.twitter.com/nAzMITJFsS
The Commission on Human Rights says it "partly welcomes" the Supreme Court decision that some parts of the controversial Anti-terrorism Law are unconstitutional.
CHR spokesperson Jacqueline de Guia says the commission remains hopeful that the remaining contentious provisions of the law will be clarified by the high cour in the full text of the decision.
"At the same time, our commitment remains in guarding against possible human rights violations arising from the implementation of the anti-terror law. We steadfastly remind the government that countering terrorism and protecting human rights are not competing values but are, in fact, mutual and complementary," De Guia says in a statement.
The Supreme Court has deliberated and voted on the controversial Anti-Terrorism Act but the decision will be released "at the soonest time possible."
"However, considering that there were numerous issues resolved in the case, as well as the fact that each Justice had to vote on each issue, there is a need to accurately confirm and tally the vote of each Justice in order to ensure the correct resolution of the Court per issue," SC spokesperson Brian Hosaka says.
The Anti-Terrorism Council designates the National Democratic Front of the Philippines, the panel that negotiates for communist rebels during peace talks a terrorist organization.
Previous designation of the Communist Party of the Philippines and New People's Army led to the designation of supposed members of the CPP's Central Committee. Among those designated as terorrists were peace consultants.
Designation gives the Anti-Terrorism Council the authority to investigate and freeze the accounts of designated persons.
The Anti-Terrorism Council has designated 29 people, including alleged members of the Communist Party of the Philippines-New People's Army, as terrorists in two resolutions.
Designation allows the Anti-Money Laundering Council to freeze the assets of those on the list.
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