Anti-Terror Bill May Improperly Extradite Joma Sison, Others
The Anti-Terrorism Bill, as passed by the House of
Representatives on third reading, may be "used politically to erroneously
charge with terrorism and improperly extradite" the known
leaders of the National Democratic Front of the Philippines (NDFP) based
in The Netherlands. The bill also demonizes national liberation movements
which, a human rights lawyer said, disregards articles of International
Humanitarian Law.
BY
DABET CASTAÑEDA
Bulatlat
Passed by a
predominantly pro-administration House of Representatives (HOR) on third
reading last April 5, HB 4839 or the Anti-Terrorism Bill maybe
"preparatory to the improper
extradition" of known leaders of the National Democratic Front of the
Philippines (NDFP). These include NDFP Chief Political Consultant Jose
Maria Sison, Chair Luis Jalandoni, and other members of the international
secretariat.
The NDFP holds
office in Utrecht, The Netherlands where Sison has been applying for
political asylum for 19 years.
Sison is the
founding chair of the reestablished Communist Party of the Philippines (CPP)
in 1968 and a founding member of its armed wing, the New People’s Army (NPA)
in 1969. He suffered almost 14 years in jail during Martial Law and was
freed in 1986 after the people’s 14-year struggle against the dictatorship
of former President Ferdinand Marcos ended with a people power uprising
known today as EDSA 1.
He was forced
to live in exile in The Netherlands when his passport was cancelled while
on an international speaking engagement in 1987.
After
Government of the Republic of the Philippines (GRP) President Gloria
Macapagal-Arroyo put the country under a state of national emergency
through Presidential Proclamation 1017 (PP 1017) on Feb. 24, Sison was
tagged as one of the conspirators who planned to overthrow the Macapagal-Arroyo
administration.
He, together
with six party-list representatives and leaders of progressive
organizations in the country, was charged with conspiring with six rebel
military officers in planning a foiled coup against Macapagal-Arroyo on
the same day PP 1017 was declared.
On Feb. 27, the
Directorate for Investigation and Detective Management (DIDM) charged them
with rebellion. Preliminary investigation was held March 13 at the
Department of Justice (DOJ) in Manila.
The case
against Sison and the rest was not dismissed even after PP 1017 has been
lifted March 3.
Extradition
As a general
rule in criminal law, human rights lawyer Edre Olalia of the Public
Interest Law Center (PILC) and convenor of the new lawyers’ group Counsels
for the Defense of Liberties (CODAL), said the law only applies within its
territorial jurisdiction.
In this
case, the Revised Penal Code (RPC) should only apply within the country.
The RPC, however, identifies five exceptions, namely: those committed
while on a Philippine ship or airship; those who forge or counterfeit any
coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands; those
liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the presiding number; while being
public officers or employees, those who commit an offense in the exercise
of their functions; and those who commit any crimes against national
security and the law of nations.
After 76 years
of the RPC, the ATB adds terrorism as an exemption to this rule. Section
28 of the ATB (Extra-Territorial Application of this Act) states, “The
provision of Article 2(5) of the RPC is hereby amended to include the
crimes penalized under Sections 4, 6, and 7 of this Act.”
Under the said
sections, murder, threat, coercion, arson, kidnapping, illegal possession
of firearms and explosives and the use of landmines are considered acts of
terrorism.
If seen in this
context, Olalia said Sison, Jalandoni and other leaders of the NDFP based
abroad may be "erroneously charged with terrorism, and improperly extradited."
“The long arm of Philippine law can now
extend even outside its territorial jurisdiction by putting terrorism as
one of the crimes that the RPC can be applied,” Olalia said.
Open contempt
The ATB is an
open contempt of existing International Humanitarian Laws (IHL), Olalia
added. IHL indicates the legitimate acts of war as stated in the Geneva
Conventions and Protocols 1 and 2.
“It is bad
enough that the GRP does not follow IHL,” Olalia said, referring to
serious violations of the GRP to the Comprehensive Agreement on Respect
for Human Rights and International Law (CARHRIHL), an agreement signed by
the GRP and NDFP in 1998. “In addition to these violations, the GRP is
trying to twist the principles of IHL by saying that liberation movements
which are accorded the status of belligerency under IHL are terrorists.”
The principle
of IHL, Olalia said, states that groups like the CPP and NPA are
liberation movements and have a status of belligerency in international
law and, therefore, cannot be considered as terrorist. He said that the
NPA, for example, conforms to the rules of war, has a responsible
political command and is an organized army, among others.
Demonizing
Aside from
watering down civil and political rights instituted in the Bill of Rights,
the ATB is a legitimate threat to national liberation movements, Olalia
said.
“(As it is,)
captured guerillas or those who are perceived as rebels are not being
charged with the proper crime of rebellion as stated in the Hernandez
doctrine. Worse, with the ATB, the GRP is demonizing liberation movements
by saying they are terrorists,” Olalia said.
It is sad that
the GRP, he said, resorted to using the strong-arm approach to the
resolution of the armed conflict rather than resolving the root causes of
armed revolution.
Aside from
demonizing the national liberation movements, Olalia said that the ATB is
the final component of Macapagal-Arroyo’s tyrannical rule following the
declaration of the calibrated preemptive response (CPR) which essentially
allows the police to disperse rallies without permits, Executive Order 464
which prevents government officials from appearing in congressional
hearings without the President’s permission and the government’s ongoing
campaign for charter change.
“Any
tyrant or fascist leader needs formal legal structures to put a semblance
of legitimacy to his or her rule,” he said.
Bulatlat
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