THE National Security Council (NSC) has told the United Nations that the Philippine government has been implementing the Anti-Terrorist Act (ATA) of 2020 “with utmost responsibility.”
NSC Assistant Director General and spokesman Jonathan Malaya also belied allegations of Amnesty International that the Marcos administration’s misused the ATA which was signed into law in July 2020 by then-President Rodrigo Duterte.
Malaya made the remarks at the UN International Covenant on Economic, Social, and Cultural Rights dialogue held in Geneva, Switzerland, on February 18 and 19.
Malaya’s remarks were disclosed by the council on Saturday afternoon, through a press statement.
“The enforcement of the ATA is done with utmost responsibility… It is never used arbitrarily or whimsically, and every action we take adheres to due process and the rule of law,” Malaya told the UN committee.
Malaya also noted that the Supreme Court has ruled on the constitutionality of the law although it struck down certain provisions. He said the court affirmed that the State “has the legal framework necessary to pursue and hold terrorists accountable while safeguarding civil liberties.”
“It upholds our most cherished freedoms and due process while keeping
the public safe and secure from the scourge of terrorism,” he said.
Malaya noted there are “clear guidelines” on the implementation of the law, including on detention, surveillance orders, designation, and proscription.
“These rules ensure that the rights of all Filipinos are protected, and provide legal
remedies consistent with the Constitution. The guidelines reinforce that the
fundamental constitutional rights of any individual or group designated under the ATA remain fully safeguarded,” said Malaya.
Malaya said allegations about the misuse of the law by the Marcos administration “are clearly unfounded and without basis,” adding that all cases filed under the ATA underwent rigorous legal scrutiny.
“All cases filed for violation of the ATA are a result of extensive investigation and evidence gathered by law enforcement agencies. The prosecutors of the Department of Justice conducted preliminary investigation, found probable cause to indict the respondents, and filed the necessary information before the courts,” he said.
In a statement on February 5, the Amnesty International said it is “deeply concerned about the increasing misuse of counter-terrorism laws by the Philippine government to crack down on development, humanitarian and human rights organizations.”
The group said the Marcos administration “must put an end to the targeting of these organizations with problematic laws such as the Anti-Terrorism Act of 2020 and the Terrorism Financing Prevention and Suppression Act of 2012.” Some of these cases ended up getting dismissed by the courts.
