IRR for anti-terror bill to ensure protection of human rights – NICA chief

This file photo shows Director General Alex Monteagudo, of the National Intelligence Coordinating Agency.  INQUIRER/GRIG C. MONTEGRANDE

MANILA, Philippines — The implementing rules and regulations (IRR) for the anti-terror bill will include protection of human rights, National Intelligence Coordinating Agency (NICA) Director-General Alex Monteagudo assured Wednesday.

The proposed measure, which aims to amend and strengthen the prevailing Human Security Act of 2007, is now awaiting President Rodrigo Duterte’s signature to become a law. NICA was tasked as a secretariat of the Anti-Terrorism Council, which will craft the IRR for the controversial measure.

“Since we will be involved in, of course, in the crafting of the IRR, I’d like to assure [CHR] Commissioner Gwen [Pimentel-Gana] that the interpretation of these provisions in the bill will be based on the intention of the crafters of the law, of the bill, and this will be based on the transcripts of the hearings on the bill,” Monteagudo said in an online press conference.

“‘Yun po talaga magiging intention ng ating batas (that will be the intention of our law) and human rights will be respected, the basic rights of the people, fundamental liberties of the people, as enshrined in the Constitution will be respected,” he added.

The NICA official then asked the help of the Commission on Human Rights (CHR) in making sure that the law will not be abused.

“I would like to ask Commissioner Gwen’s help here because the CHR plays a very important role in assuring our people that this law is not crafted to abuse the rights of the people but to protect the rights of the people,” Monteagudo said.

Interior and Local Government Secretary Eduardo Año echoed Monteguado’s assurance on the protection of human rights, even pointing out that the IRR will also clarify the limits of the measure.

“Unang-una kapag ito naapruba ng Pangulo, may IRR naman ang gagawin at dito ihihimay ang kung ano pwede at hindi pwede base sa batas,” he said during the online press briefing.

(First of all, if the President approves this, there will be an IRR wherein those that are allowed and not allowed under the law will be detailed.)

The DILG chief likewise noted supposed safety nets in the anti-terror bill such as notifications to the court and CHR if there would be a warrantless arrest.

“If there will be a warrantless arrest, the arresting officer will first notify in written form the nearest court or judge, notify also the CHR and then provide access to the accused private or even direct communication with his lawyer and family,” Año explained in mixed Filipino and English.

But CHR reminded those involved in the drafting of the IRR that they must stay within the “parameters of the law.” For instance, Gana said the IRR cannot redefine penalties for detention that was already cited in the law.

“The provisions in the IRR cannot go beyond the letter of the law, so it cannot legislate… The parameters are actually the law… but the letter of the law that says that any suspect can be picked up and be detained for 24 hours cannot be redefined in an IRR,” Gana said in the same the online press conference. with reports from Jim Mendoza