SC, UN expert discuss anti-terrorism law

Metro Manila (CNN Philippines, January 25) — A number of Supreme Court (SC) officials met with UN Special Rapporteur Irene Khan on Wednesday to discuss various matters, including the controversial Anti-Terrorism Act of 2020 (ATA).

In a statement issued Thursday, the SC said it provided Khan with a copy of the high court's rules on the anti-terrorism law and related laws.

Chief Justice Alexander Gesmundo said the rules were promulgated "to ensure that our judges will handle properly and effectively, protecting the rights of people vis-à-vis prosecution against anti-terrorism."

The ATA, enacted by President Rodrigo Duterte in July 2020, repealed the Human Security Act of 2007.

But the SC voided some portions of the measure in 2021. Among these was a portion of Section 4 which would have considered protest or dissent as terrorism if it had intent to cause harm.

Also struck down was a part of Section 25 which would have allowed the Anti-Terrorism Council (ATC) to adopt requests for designations by other jurisdictions or supranational jurisdictions.

Senior Associate Justice Marvic Leonen said he appreciated that Khan "understands that there is always a balance between expression and the security."

"We have also in some of our cases already acknowledge that there may be differences in the regulation of hate speech and also performative speech from declaratory speech," he added. "But of course, we are waiting for the proper case to flesh this out some more, and we are just hoping that the pleadings would be up to our standard so that we can continue to explore this."

The SC justices and Khan also discussed judicial reforms in the country.

Khan met with some security officials upon her arrival in Manila on Monday, where she was also briefed by the ATC about the anti-terrorism law.

"Toward the end of the meeting, there are some points that she would like to make a follow-up on," said National Task Force to End Local Communist Armed Conflict executive director Ernesto Torres Jr. in a virtual presser.

"For instance, 'yung sa NTF-ELCAC concern (the concern on NTF-ELCAC). She would like to get further information about the red-tagging issue," he added.

The Department of Justice on Wednesday assured Khan that red-tagging is not a government policy.

The UN expert on freedom of expression and opinion met as well on Thursday with the Presidential Task Force on Media Security (PTFoMS) and Presidential Human Rights Committee Secretariat.

PTFoMS executive director Paul Gutierrez updated Khan on the murder of broadcaster Juan Jumalon. Three suspects have been already identified, with two sending feelers that they are willing to face investigation, he added.

Gutierrez also said Khan is expected to visit detained Tacloban-based journalist Frenchie Mae Cumpio on Jan. 27.

Khan will stay in the country until Feb. 2. She is expected to visit state institutions and government agencies in Metro Manila, Baguio City, Cebu, and Tacloban.

With reports by CNN Philippines senior correspondent Anjo Alimario