Sen. Richard Gordon Thursday pushed for the suspension of the writ of habeas corpus—which protects against warrantless arrest—to bolster President Duterte’s war against drugs and terrorism, immediately drawing criticism from colleagues who see it as a “creeping martial law.”
Gordon’s call came days after a blast hit a night market and left 14 dead in Davao City, prompting the President to declare a state of lawless violence.
Gordon said he would file a bill on Tuesday granting Mr. Duterte extended authority to give law enforcers additional powers to stop the illegal drug trade.
The senator said the authority would also be necessary to prevent further acts of terror, noting the string of bomb scares since last week. He said his proposal would come with safeguards against abuses, including mandating courts to be open 24 hours for complaints against questionable arrests.
“We are at war with drugs right now… If he has to suspend the writ of habeas corpus to fight drugs and terrorism, let’s give him that power so we won’t just keep saying people are getting killed, but that can’t be proven,” Gordon said of Mr. Duterte addressing reporters.
Threats every day
“Look what’s happening… every day there are threats… But there are suspects that can’t be picked up. Those suspects should be picked up so people won’t get killed,” he added.
Gordon, chair of the Senate committee on constitutional amendments and revision of codes in the 14th Congress, said the Constitution allows the suspension of habeas corpus “in cases of war or national emergency.”
Habeas corpus is the power of a court to require the state to produce a person in custody.
Article VII, Section 18 of the Constitution, the same provision that Mr. Duterte invoked in placing the country under a state of lawlessness, allows the President to suspend the privilege of the writ of habeas corpus for not more than 60 days, “in case of invasion or rebellion, when the public safety requires it.”
The suspension of the writ was used by the late dictator Ferdinand Marcos to detain critics early in his two-decade rule, most of it under martial law.
Asked which Constitutional authority he would invoke in moving for the writ’s suspension, Gordon said: “Lawless violence. Or if you want, and this is a bit of a stretch, the war on drugs.”
Gordon sought to allay the public’s fears, saying it would only be “limited to drugs.” He said the idea was his alone and was not run through the President’s men.
Creeping authoritarianism
Sen. Leila de Lima, a vocal human rights advocate in the Senate, described Gordon’s initiative as “creeping authoritarianism.”
“I am in disbelief at the moment that somebody would have such a plan to file a resolution for the suspension of the privilege of the writ of habeas corpus. Is it not enough that now we have a declaration of national emergency on account of lawless violence?” she told reporters, as she vowed to question the move on the Senate floor.
Mr. Duterte’s declaration allows him to call on the military to support law enforcement operations of the police.
De Lima said suspending the privilege would allow authorities to arrest anybody without a warrant and could pave the way for prolonged periods of detention without charges.
Sen. Franklin Drilon said he believed “there is no basis” for the suspension of the writ, which he said could only be suspended “in cases of rebellion or invasion.” TVJ