The people against torture and the families of enforced disappearances on Friday joined the calls for the Supreme Court to declare as unconstitutional several provisions of Republic Act 11479, or the Anti-Terrorism Act of 2020.
The United Against Torture Coalition says RA 11479 should be rejected because it violates basic rights and hurts legitimate dissent and advocacy.
The UATC, a network of human rights groups and people working to prevent torture in the Philippines, says many of the main provisions of the anti-terror law contravene the 1987 Constitution and the anti-torture law.
The group cited, for instance, the ATA’s provision on the detention of suspected terrorists for up to 24 days before they have to be charged in court, claiming that is “conducive” to torture, coercion into an involuntary confession, forced disappearance or even summary execution.
“Considering the widespread use of torture in counter-terrorism, the prolonged detention authorized under the ATA is unjustified and unsubstantiated,” the group said.
It says the detention period provided by the law is much longer than the three-day detention allowed by the Constitution, and even in times when the privilege of the writ of habeas corpus is suspended.
The petitioners also oppose the law’s “vague, amorphous and overbroad” definition of terrorism and its related crimes.
“Over-all, the lack of fundamental fairness and safeguards, taking into consideration the totality of the intersecting provisions of ATA, indicate a strong, clear and present danger of widespread torture and ill-treatment of suspects under the prolonged custody of law enforcement authorities,” the group said.
Based on Supreme Court records, this would be the 31st petition against the anti-terrorism law. Two other petitions filed via registered mail have yet to be included in the list.
The new petitioners join many sectors that have contested the controversial law, ranging from retired justices, lawmakers, framers of the 1987 Constitution, lawyers, human rights advocates, educators, labor groups, youth leaders, journalists and artists.
They filed their petition amid plans by lawmakers to declare Sept. 11 as a non-working holiday in Ilocos Norte. This is to mark the birth anniversary of the late dictator Ferdinand Marcos, who was born and raised in the province.