human security act-bln

8/7/2019 Human Security Act-BLN

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THE HUMANSECURITY

ACT OF 2007(RA 9372)

Bangsamoro Lawyers Network (BLN)


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Bangsamoro Lawyers Network

BASIC INFORMATION

An Act to Secure the State andProtect our People fromTerrorism

Anti-terror law

Republic Act No. 9372

Consolidation of House Bill

4839 and Senate Bill 2137 Signed by GMA on March 6,

2007


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TERRORISM

Any person who commits specifiedacts punishable under the RevisedPenal Code and special laws

thereby sowing and creating

a condition of widespread andextraordinary fear and panic among

the populace in order to coerce the government

to give in to an unlawful demand


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TERRORISM

Specified acts punishable under theRevised Penal Code: Article 122 (Piracy in General and

Mutiny in the High Seas or in thePhilippine Waters);

Article 134 (Rebellion or Insurrection);

Article 134-a (Coup dEtat);

Article 248 (Murder)

Article 267 (Kidnapping and SeriousIllegal Detention);

Article 324 (Crimes InvolvingDestruction)


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TERRORISM

Acts punishable under: P.D. No. 1613 (The Law on Arson); R.A. No. 6969 (Toxic Substances and

Hazardous and Nuclear Waste Control

Act of 1990); R.A. No. 5207 (Atomic Energy

Regulatory and Liability Act of 1968) P.D. No. 532 (Anti-Piracy and Anti-

Highway Robbery Law of 1974); and

P.D. No. 1866, as amended (DecreeCodifying the Laws on Illegal andUnlawful Possession, Manufacture,Dealing in, Acquisition or Disposition ofFirearms, Ammunitions or Explosives)


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PENALTY

Terrorism forty (40) years ofimprisonment, without parole

Conspiracy to CommitTerrorism forty (40) years ofimprisonment

Accomplice 17 years, 4 mos., 1day to 20 years

Accessory 10 years and 1 day to12 years


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Surveillance of Suspects andInterception and Recording of

Communications (Sec. 7) A police or law enforcement

official and the members of his

team may listen to, interceptand record

upon written order of the Courtof Appeals

any communication, message,conversation, discussion, orspoken or written words


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Targets for Surveillance

(Sec. 7) members of a judicially declared

and outlawed terrorist organization,association, or group of persons

Any person charged with orsuspected of the crime of terrorismor conspiracy to commit terrorism

EXCEPTION: communications

between lawyers and clients,doctors and patients, journalists andtheir sources and confidentialbusiness correspondence


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Judicial Authorization

(Sec. 8) Written order for surveillance

and recording ofcommunications shall only begranted by the Court of Appeals

upon ex parte writtenapplication of a police or of a

law enforcement official whohas been duly authorized inwriting by the Anti-TerrorismCouncil and


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Judicial Authorization (Sec. 8) upon examination under oath or

affirmation of the applicant and thewitnesses he may produce toestablish: (a) that there is probable cause to

believe based on personal knowledge offacts or circumstances that the said

crime of terrorism or conspiracy tocommit terrorism has been committed, isbeing committed, or is about to becommitted;

(b) that there is probable cause tobelieve based on personal knowledge of

facts or circumstances that evidence,which is essential to the conviction ofany charged or suspected person for, orto the solution or prevention of, any suchcrimes, will be obtained; and

(c) that there is no other effective means

readily available for acquiring suchevidence.


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Period for Judicial

Authorization (Sec. 10) shall not exceed a period of thirty

(30) days from the date of receipt ofthe written order of the authorizing

division of the Court of Appeals bythe applicant police or lawenforcement official

renewable for another non-extendible period, which shall notexceed thirty (30) days from theexpiration of the original period


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Post-SurveillanceNotification (Sec. 10)

The applicant police or law enforcementofficial shall have 30 days after thetermination of the period granted by theCourt of Appeals w/in which to file theappropriate case before the PublicProsecutors Office for Terrorism.

If no case is filed w/in the 30-day period,the applicant police or law enforcementofficial shall immediately notify the personsubject of the surveillance, interception andrecording of the termination of the said

surveillance, interception and recording. The penalty of 10 years and 1 day to 12

years of imprisonment shall be imposedupon the applicant police or lawenforcement official who fails to notify theperson subject of the surveillance


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Post-Surveillance Report(Sec. 11-12)

W/in 48 hours after the expiration of theperiod, all tapes, discs, & recordings madepursuant to the authorization shall bedeposited w/the authorizing Division of theCA in a sealed envelope or sealed package.

The documents and evidence obtained shall

be accompanied by a joint affidavit of theapplicant police or law enforcement official& the members of his team: Listing in detail the items submitted to the CA Certifying that no duplicates or copies have been

made, or, if made, that all such duplicates &copies are included in the sealed envelope orsealed package

Any person, police or law enforcementofficer who fails to do these acts shall sufferthe penalty of not less than 10 years & 1

day to 12 years of imprisonment.


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Penalty for UnauthorizedSurveillance (Sec. 16)

Any police or law enforcement personnelwho, not being authorized to do so bythe authorizing division of the CA, tracks

down, taps, listens to, intercepts, &records in whatever manner or form anycommunication, message, conversation,discussion, or spoken or written word ofa person charged with or suspected of

the crime of terrorism or the crime ofconspiracy to commit terrorism shall beguilty of an offense and shall suffer thepenalty of 10 years and 1 day to 12years of imprisonment.


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Proscription of TerroristOrganizations, Association,

or Group of persons (Sec. 17) Any organization, association, or group of

persons organized for the purpose of engaging in

terrorism, or which, although not organized for that

purpose, actually uses acts to terrorize upon application of the DOJ before a

competent RTC, w/due notice and

opportunity to be heard given to theorganization, association or group ofpersons concerned

shall be declared as a terrorist andoutlawed organization, association, orgroup of persons by the said RTC


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Period of Detention Without JudicialWarrant of Arrest (Sec. 18)

Three (3) days counted from the moment the saidcharged or suspected person has beenapprehended or arrested, detained, & taken intocustody by the said police or law enforcementpersonnel

The police or law enforcement personnelconcerned shall, before detaining the personsuspected of the crime of terrorism, present himor her before any judge at the latters residenceor office nearest the place where the arrest tookplace.

Immediately after taking custody of a personcharged with or suspected of the crime ofterrorism or conspiracy to commit terrorism, thepolice or law enforcement personnel shall notifyin writing the judge of the court nearest the

place of apprehension or arrest.


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Period of Detention in case ofActual or Imminent Terrorist

Attack (Sec. 19) Suspects may not be detained for more than 3

days w/out the written approval of amunicipal, city, provincial or regional official ofa Human Rights Commission or judge of the

municipal, RTC, the Sandiganbayan or a justiceof the CA nearest the place of the arrest.

The approval in writing of any of the saidofficials shall be secured by the police or lawenforcement personnel concerned w/in 5 days

after the date of the detention of the personsconcerned: Provided, however, that w/in 3days after the detention of the suspects, whoseconnection w/the terror attack or threat is notestablished, shall be released immediately.


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Penalty for Failure to DeliverSuspect to the Proper Judicial

Authority Within 3 Days (Sec. 20)

The penalty of 10 years and 1 day to 12years of imprisonment shall be imposedupon any police or law enforcement

personnel who has apprehended orarrested, detained and taken custody ofa person charged with or suspected ofthe crime of terrorism or conspiracy to

commit terrorism and fails to deliversuch charged or suspected person tothe proper judicial authority within theperiod of 3 days


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Restriction on Travel andCommunication (Sec. 26)

In cases where evidence of guilt is notstrong, and the person charged with thecrime of terrorism or conspiracy tocommit terrorism is entitled to bail and isgranted the same:

the court, upon application by theprosecutor, shall limit the right of travelof the accused to w/in the municipality orcity where he resides or where the case ispending, in the interest of nationalsecurity and public safety. Travel outsideof said municipality or city, w/out theauthorization of the court, shall bedeemed a violation of the terms and

conditions of his bail.


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Restriction on Travel andCommunication (Sec. 26)

He or she may also be placed underhouse arrest by order of the court athis or her usual place of residence.

While under house arrest, he/shemay not use telephones, cellphones,e-mails, computers, the internet orother means of communications

with people outside the residenceuntil otherwise ordered by thecourt.


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Judicial Authorization Requiredto Examine Bank Deposits,

Accounts, and Records (Sec. 27)

The justices of the CA designated as aspecial court to handle the anti-terrorism cases:

may authorize in writing any police or

law enforcement officer and themembers of his/her team dulyauthorized in writing by the anti-terrorism council to: (a) examine, or cause the examination of the

deposits, placements, trust accounts, assetsand records in a bank or financial institution;and

(b) gather or cause the gathering of anyrelevant information about such deposits,placements, trust accounts, assets, and recordsfrom a bank or financial institution.


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Examination of Bank Records

Procedure: ex parte

Period: 30 days extendible for

another 30 days If no case is filed within 30 days

after the period expires, theofficer shall notify the subject

that the bank examination andfreezing is finished


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Targets for Examination ofBank Deposits, Accounts, and

Records Surveillance(Sec. 28)

A person charged with or suspected

of the crime of terrorism orconspiracy to commit terrorism

any judicially declared and outlawedterrorist organization, association, orgroup of persons

any member of such organization,association, or group of persons


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Seizure and Sequestration(Sec. 39)

The deposits and their outstandingbalances, placements, trust accounts,assets and records in any bank orfinancial institution, moneys,

businesses, transportation andcommunication equipment, supplies andother implements, and property ofwhatever kind and nature shall beseized, sequestered, and frozen in order

to prevent their use, transfer, orconveyance for purposes that areinimical to the safety and security of thepeople or injurious to the interest of theState.


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Remedies upon acquittal(Sec. 41 & 50)

P 500,000.00 a day for theperiod in which properties,assets or funds were seized

shall be paid to accused on theconcept of liquidated damages

P 500,000.00 for every day that

accused has been detained ordeprived of liberty or arrestedwithout a warrant as a result ofsuch an accusation


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Critique of the Law

Definition of terrorism still vague one countrys terrorist is another

countrys freedom fighter

Chilling effect of the law,especially in the exercise oflegitimate rights

Shall provide more powers andresources to the military

Will be used as a surveillance tool Will embolden military and police

personnel to violate rights all themore


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Will HSA be used toprotect human rights?

Due process and equal protectionof the law: Sec 1, 1987 Constitution: No person

shall be deprived of life, liberty, orproperty without due process of law,nor shall any person be denied theequal protection of the laws.

Freedom of association

Right to peaceful assembly

Freedom of speech

Right to privacy


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Foundations of HumanRights

Human dignity and integrity

Inherent

Inalienable Equal

Non-discriminatory

Religious basis: Concept of Godwho is just and who gavedignity to every person


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Categories of HumanRights

Civil and Political Rights: as a responseto abuses of the state

Economic, social and cultural rights: as

a response to abuses of capitalism Solidarity rights: right to self-determination, right to development,to healthy and balanced environment,to share and benefit from the common

heritage of humankind Humanitarian rights: right to be

protected from the effects of armedconflict


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HR Claimholders

Claimholders may beindividuals or collective

group of people May also include future

generations


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HR Dutyholders

Social Contract

International human right law International Bill of Human

Rights: ICCPR

ICESCR

Other international instruments

Domestic human rights law Philippine Constitution, RA 7438,

CARP, IPRA, etc.


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HR Dutyholders

State obligation: To respect

to ABSTAIN from doing anything thatviolates integrity of person orinfringes on her freedom

To protect

to take measures to PREVENT otherindividuals or groups from violatingintegrity, freedom of action or other

HR of an individual To fulfill

to take measures to ENSURE for eachperson opportunities to obtainsatisfaction of needs


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HR Dutyholders

State obligation:

Of conduct: behavior which thedutyholder should follow or abstainfrom

Of result: less concerned with the

choice of the line of action takenbut more with the results whichthe dutyholder should achieve oravoid


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HR Violations

Violations through:

Omission

ComissionArbitrary derogation


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Thank you very much!


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