www.pcij.org/blog/?p=1529 -
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Last Visited: 3/21/2007
"I am concerned that many provisions of the Human Security Act are not in accordance with international human rights standards," said Martin Scheinin, UN special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.
Scheinin said he hopes that the new Congress will be able to engage in a debate "which may result in the introduction of specific amendments or repeal the entire Act."
He said that as early as September 2005, he has communicated his concerns to the government regarding certain provisions in the draft version.And just before it was signed into law, Scheinin said, he again raised his issues regarding the latest version.
According to Scheinin, the law has an "overly broad definition" of terrorist acts.He said the definition is "incompatible" with certain provisions of the International Covenant on Civil and Political Rights (ICCPR), to which the Philippines is a party.
"The strict application of a penalty of forty years' imprisonment undermines judicial discretion in individual cases and may result in a disproportionate punishment due to the broad definition of terrorist acts," he explained.
Scheinin also said Section 19 of the Human Security Act "appears to lack the procedural guarantees provided by Article 9 of the ICCPR."
Article 9 states that no person shall be subjected to arbitrary arrest or detention.Under Section 19 of RA 9372, however, authorities are allowed to arrest and detain a suspect for three days, even without a warrant.
Scheinin said that while there is a need for the Philippine government to prevent and counter terrorism, the freedoms of the people should not be compromised.
Following is Martin Scheinin's full statement:
UN SPECIAL RAPPORTEUR CALLS FOR CHANGES TO THE PHILIPPINES' HUMAN SECURITY ACT12 March 2007
The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Martin Scheinin, issued the following statement today:
...
Mr. Scheinin accepted the appointment of Special Rapporteur by the United Nations Commission on Human Rights on 7 August 2005.The mandate, established by Resolution 2005/80, has since been assumed by the Human Rights Council.In this capacity, the Special Rapporteur is mandated to develop a regular dialogue and to cooperate with all relevant actors, including Governments, to exchange information, make recommendations and to identify and promote best practices on measures to counter terrorism that respect human rights and fundamental freedoms.As Special Rapporteur, he is independent from any Government and serves in his individual capacity.