FACT CHECK | Lacson falsely claims only Anti-Terrorism Act provided several safeguards to ensure human rights

April 4, 2022 , 09:11 PM

(April 4, 2022) – A sitting senator and presidential candidate claimed the anti-terrorism law, passed in 2020 at the height of a coronavirus pandemic, was the only one of its kind to provide several safeguards to ensure the protection of human rights of people suspected to have violated the law.

But human rights groups had opposed its passage because it had removed provisions that safeguards the rights of detained suspects. They also noted the provisions in the law contradicting the constitutional rights to free speech and due process. His claim is false.

CLAIM:

During the second PiliPinas Debates 2022 organized by the Commission on Elections (Comelec), Senator Panfilo Lacson said the Anti-Terrorism Act of 2020, which he principally authored and sponsored in the Upper House, was the only law of its kind to provide safeguards to ensure human rights.

“In relation to human rights, yung anti-terror law, ito lamang yung batas na napakaraming safeguards,” Lacson said in the debate.

He claimed the law included provisions that requires police authorities to report an arrest of suspected violators of the law to the nearest judge within 24 hours, as well as to the Commission on Human Rights and the Anti-Terrorism Council.

“Wala pong ganyang batas. Lahat ng batas, wala pong ganyang provision, ito lamang po, pinahalagahan talaga yung karapatang pantao dito,” the senator said.

RATING: FALSE

FACTS:

On the contrary, the law met widespread opposition among human rights groups locally and internationally, and became one of the most contested laws in the country’s Supreme Court in recent history, in large part due to several safeguards removed by its passage.

Human Rights Watch (HRW) said in 2020 that the law used a definition of terrorism that was broad enough to allow designated “terrorists” to face up to 24 days of warantless arrest prior to appearing before a judge. The Human Security Act of 2007, which the law replaced, required suspects to be brought before a judge within three days.

The 2020 law also removed a provision from the Human Security Act that penalized law enforcement agents for wrongful warrantless arrest of suspects with damages amounting P500,000 per day of detention, the group said.

The SOS-Torture Network Working Group on Torture and Counter-terrorism of the World Organisation Against Torture (OMCT) warned that the warrantless arrest and the longer pre-trial detention without judicial supervision can potentially encourage systemic torture.

HRW and OMCT made these statements after the measure was passed by the Congress and before it had lapsed into law.

But the proposed law was retained after it lapsed into law until the Supreme Court struck down two of its provisions. A part of the law’s definition of terrorism, which included a qualifier on when a protest can be deemed as terrorism, was declared unconstitutional for violating the right to free expression under the 1987 Constitution.

The supposed provision cited by Lacson was also absent in the law itself. The implementing rules and regulations did mention a specific time limit, but his numbers were erroneous, as earlier fact-checked by Philstar.com and Rappler.

WHY THIS MATTERS:

Lacson made the claim as a presidential candidate in an official debate that aired on multiple television channels and radio stations and live streamed by several news organizations with a national reach.

News 5 is part of #FactsFirstPH which brings together various sectors that are committed to promoting truth in the public space, and exacting accountability on those who harm it with lies. For those interested to join the initiative, e-mail info@factsfirst.ph.

Message News 5’s Facebook page if you want to have any claims fact-checked. Read our fact-checking policy here.

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