CHR lauds SC decision calling red-tagging 'threat to life, liberty and security'
MANILA, Philippines — The Commission on Human Rights (CHR) welcomed the recent decision of the Supreme Court (SC) declaring red-tagging, vilification, labelling and guilt by association as threatening to one’s right to life, liberty, or security.
Following activist Siegfried Deduro's petition and his experience of red-tagging by military officers, the high court identified the issuance of a writ of amparo as a remedy to address threats stemming from such acts. This legal recourse also extends to cases involving enforced disappearances and extrajudicial killings.
"In a society built on the rule of law, every citizen is entitled to the protection of their fundamental rights," said the commission in a statement on Saturday.
"The SC’s decision underscores the importance of protecting these rights against any form of unwarranted harassment or intimidation. Red-tagging and similar practices not only violate the inherent dignity of individuals but also undermine the fabric of democracy and the rule of law."
The issuance of a writ of amparo serves as a mechanism to ensure accountability by empowering individuals to seek legal protection against actions that threaten their safety aand well-being.
Upon the filing of a petition for a writ of amparo, or at anytime before final judgment, courts, justices or judges may grant the following reliefs:
- temporary protection order
- inspection order
- production order
- witness protection order
The CHR noted that the SC defined red-tagging as the "use of threats and itimidation to discourage subversie activities," this as state agents haphazardly claim that individuals or legal organizations are one and the same with the armed communist insurgency.
"CHR is hopeful that the SC decision will set a strong legal precedent for court cases involving red-tagging. Most especially, we hope that this will fortify adherence to due process and the rule of law before making serious accusations and labels that endanger human rights and dignity," continued the commission.
"As the country’s national human rights institution, CHR endeavors to continually respond to red-tagging issues. As such, another national inquiry on red-tagging is scheduled this year to further engage civil society, the government, and other relevant stakeholders in addressing this persistent issue."
The SC decision affirms the CHR's 2020 national inquiry on the situation of human rights defenders, as many of them have first been red-tagged prior to being killed, injured, illegally arrested, charged with trumped-up cases, or otherwise put in harm’s way.
The commission continues to enjoin all stakeholders, including government agencies, civil society organizations, and the public, to "remain vigilant in ensuring that due process and the rule of law always prevail."
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