PDEA seeks license to wiretap

The Philippine Drug Enforcement Agency (PDEA) is seeking wiretapping powers so it can track big-time drug traffickers more effectively.

In a statement issued Saturday, PDEA Director General Jose S. Gutierrez Jr. said drug trafficking should be put on the list of crimes that may warrant the issuance of a court order allowing a government agency to intercept the phone conversations of certain individuals.

Republic Act No. 4200, the antiwiretapping law, does not list drug trafficking among the crimes for which wiretapping may be allowed. Under the law, peace officers may secure a court order to wiretap persons suspected of committing or having committed certain crimes such as treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas and rebellion.

Gutierrez said PDEA had asked Congress to add drug trafficking to the list of exemptions to the wiretapping law.

“We have already submitted the agency’s proposal for the inclusion of drug-related activities in the lawful acts listed in RA 4200,” he said.

He noted that the latest International Narcotics Control Strategy Report (INCSR) indicated that the Philippine government needed additional investigative and judicial tools to deal with drug trafficking.

The report noted that there was a need for a judicially authorized interception of criminal communications, improved law enforcer-prosecutor coordination and an efficient asset forfeiture process, he said.

Gutierrez also proposed the establishment of an “Office of the Special Prosecutor for Dangerous Drugs” to serve as an independent and autonomous body that would concentrate on the prosecution of “big fishes” linked to the drug trade, including elected or appointed public officials and police or military officers.

Forfeiture proceedings

Gutierrez said the INCSR also indicated that the asset forfeiture process was another problem in the fight against illegal drugs.

Under Section 20 of Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002, forfeiture proceedings are introduced only after the accused had been convicted of the crime.

Gutierrez said PDEA had recommended to Congress a proposal that would allow the government to mount forfeiture proceedings while a case was still being heard.

The INCSR also cited the need for adequate funding and manpower and a support system where other law enforcement agencies and military task forces could assist the PDEA, the lead agency in the campaign against drugs, Gutierrez said.