Chief Justice on Anti-Terror Law: Balance needed in handling terror cases
Chief Justice Alexander G. Gesmundo delivers the keynote address on the first day of the Training and Capacity-Building for the Implementation of the Rules on Anti-Terrorism Act of 2020 and Related Laws” held on April 23-24, 2024 at Sheraton Manila Hotel, Pasay City. (Courtesy of the Supreme Court Public Information Office)
MANILA, Philippines – Chief Justice Alexander Gesmundo on Wednesday stressed the importance of a balance between safeguarding the state and upholding the fundamental rights of individuals in resolving cases for violation of the Anti-Terrorism Law.
“It becomes imperative that in responding to threats of terrorism, the State cannot be overzealous and casually disregard these rights. On the other hand, our courts cannot be overcautious and allow unrestricted exercise of rights which can easily cover and disguise terroristic acts,” Gesmundo said in his speech during the Training and Capacity-Building for the Implementation of the Rules on Anti-Terrorism Act of 2020 and Related Laws.
Gesmundo said courts must delicately navigate between these two cardinal interests, ensuring that governmental actions aimed at protecting the state are bounded by constitutional limitations set by the people.
The Anti-Terrorism Law was enacted on July 3, 2020 and its implementation started on July 18, that same year.
A total of 37 petitions were filed seeking to declare several provisions of the law as unconstitutional.
On Dec. 7, 2021, however, the Supreme Court ruled as constitutional almost all the provisions of the controversial Anti-Terrorism Law.
On April 26, 2022, the SC decision became final.
Meanwhile, the Supreme Court issued the Rules on the Anti-Terrorism Act of 2020 and Related Laws which became effected last Jan. 15, 2024.
Acknowledging the specialized nature of terrorism and terrorism financing cases, Gesmundo said it is important that adequate training and capacity-building be provided for justices, judges, and court attorneys to implement the ATA Rules effectively.
He expressed gratitude to development partners, including The Asia Foundation (TAF) and the Australian government, for their support in facilitating knowledge-sharing activities, such as study visits to Australia, to disseminate best practices in handling anti-terrorism cases.
The training, organized by PHILJA in collaboration with the Australian government-Department of Foreign Affairs and Trade’s Australian Aid and TAF, aims to equip judicial officials with a comprehensive understanding of the Human Rights-Based and People-Centered Implementation of the Anti-Terrorism Law through Case Resolution.
Panelists and lecturers will discuss topics such as the international framework on terrorism, human rights perspectives in counter-terrorism cases, provisions of the Anti-Terrorism Act, aspects of probable cause in anti-terrorism cases, and terrorism financing over the course of the training.
Gesmundo said these measures mark a pivotal step in the legal framework concerning terrorism in the Philippines.
