Ironically, cases against red-tagged individuals are being dismissed by government courts for lack of probable cause or because of insufficient evidence. Motions to quash search warrants were also granted by the courts, declaring whatever so-called evidence the police have acquired during the search as inadmissible.
“There is nothing most fearful, most oppressive and most unjust than the way political prisoners are being treated under this regime.”
Esperon, who sits as the vice-chair of the terror council, refused to provide Associate Justice Estela Perlas-Bernabe the names of those they will designate as terrorists as it may preempt the ATC.
“It is not merely provocation. What I fear about is the phrase ‘provoke the government’ is too vague so as to include any kind of provocation. It did not say that to provoke a government to do or to abstain from doing an act. Just it stated that to provoke the government.”
Justice Edgardo Delos Santos questioned the “undue delegation of power” provided to the council, saying that the law is silent on how it will arrive at the conclusion in designating persons or groups as terrorists.
“While a law penalizing red-tagging is welcome, the draconian Anti-Terrorism Act violates our basic human rights, including the right to a free press.”
“You have no mercy. All you do is kill, kill, kill.”
This Women’s Month, rights group Karapatan called on the Commission on Human Rights to look into the case of pregnant Elizabeth Estilon, and Enriqueta Guelas, 62, who were arrested on Dec. 24, 2020 following a raid in barangay Lalod, Bulusan, Sorsogon and charged with violation of the Anti-Terrorism Act of 2020 and illegal possession of firearms and explosives.
“We call on the SC, as the constitutionally appointed guardian of civil liberties and protector of the legal profession, to take immediate measures to stop these attacks.”
Criticized for its muddled, bumbling response to the COVID-19 pandemic, the Duterte government has been trying to rev up its two priority wars – against insurgency and against illegal drugs – in the remaining 14 months of its term.
“…[t]here is a compelling necessity and urgency to prevent, running up to almost two (2) months before the oral arguments, any further implementation of the provisions of the assailed law as they impact on the lives, liberties and security of the petitioners and the public at large.”