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The constitutionality of the Anti-Terrorism Act can still be questioned with regard to how it is actually implemented. In contrast, however, Judge Belmes refused to rule on the matter at all, despite the clear ruling of the Supreme Court in Calleja allowing the same.

By RONALYN V. OLEA
The Court of Appeals has granted the Filipino-American activist's amparo and habeas data petitions, saying that Melissa Roxas’s story was credible. But it also pointed out that Roxas failed to show that the military was behind her abduction and torture, hence President Arroyo and elements of the armed forces cannot be made respondents in the case.

The Philippine military, through its attack dogs Pastor Alcover and Jovito Palparan, are trying to discredit the Commission on Human Rights and its chairperson, Leila de Lima. Human-rights groups are understandably concerned. “Now that the CHR chairperson insists on the mandate of the commission, they consider her as an enemy,” Marie Hilao-Enriquez of Karapatan said. “That is the most dangerous mindset.”

Freedom from torture is a non-derogable right, meaning that states cannot violate this right under any circumstances, even in a state of emergency or martial law. By insisting that Melissa Roxas is a communist guerrilla, the Arroyo regime not only practically admits that it tortured her -- it seeks to justify the atrocity, thus violating the very international instruments that it had earlier agreed on.
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