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Terrorism raps vs Ampatuan pushed

By Maila Ager
INQUIRER.net
First Posted 11:30:00 11/27/2009

Filed Under: Maguindanao Massacre, Election Violence, Inquirer Politics, Acts of terror, Crime, Laws, Punishment, Justice & Rights

MANILA, Philippines ? Terrorism, and not just multiple murder, should be filed against perpetrators of the November 23 killings of more than 50 persons in Maguindanao, Senator Miriam-Defensor Santiago said on Friday.

Santiago, a former regional trial court judge, said the mass murder was an ?act of terrorism? because the perpetrators committed murder, ?thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand.?

Republic Act 9372 also known as ?Human Security Act? provides a penalty of 40 years of imprisonment ?without the benefit of parole? for those who will be found guilty of the crime.

?A complaint for multiple murder is insufficient, because the suspects were in effect spitting with impunity at the rule of law,? she said in a statement.

?Even if a multiple murder complaint has been filed, the inquest was probably done in haste, the complaint should be amended to terrorism before the accused enters his plea,? she said, referring to Datu Unsay town mayor Andal Ampatuan Jr., prime suspect in the Maguindanao massacre.

The declared intention of the Ampatuan clan to prevent the Mangudadatu clan from running for governor, Santiago said, was ?an unlawful demand.?

But the senator said the state prosecutors conducting the preliminary investigation might prefer to file a complaint for multiple murder, instead of terrorism, because under the law, the accused if acquitted, could seek P500, 000 in damages each day that he has been detained.

To avoid a ?miscarriage of justice,? Santiago said, the Department of Justice should finish its preliminary investigation on the case in a month, file the complaint in court, and file a motion for the Supreme Court to order a change of venue to Manila.

?Once trial begins, it has to be conducted daily from Monday to Friday to ensure speedy trial,? she said.

Santiago also called for the investigation of police personnel in the area for their alleged apparent failure to apply for a written order from the Court of Appeals to conduct surveillance of suspects, intercept and record the communications of the suspects as allowed by law.

She said the police or other law enforcement custodial units, in whose care and control the suspects have been placed, should keep a securely maintained official logbook.

Under the law, Santiago said, the logbook should provide specifications about the detained person, his custodial arrest and detention, his physician, the state of his health and physical condition, the removal of the detained person from his cell for interrogation or for any other purpose, and other such details.



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