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Human rights groups, victims' organizations seek SC intervention versus Arroyo's terror law

Press Release
By KARAPATAN
August 7, 2007

QUEZON CITY, Philippines  –  The Supreme Court is being sought by human rights groups and victims' organizations to "strike down the Anti-Terror Law that is hiding behind the cloak of countering terrorism and ensuring human security."

The human rights umbrella organization Karapatan along with the Ecumenical Movemenet for Justice and Peace, Promotion of Church Peoples' Response and victims' organizations SELDA, Desaparecidos and Hustisya filed their petition for certiorari and prohibition Monday at the Supreme Court in Manila.

The rights groups argue that the terror law is not only vague and overbroad, but contravenes the bill of rights and many provisions of the 1987 Philippine Constitution, such as the presumption of innocence and prohibition against incommunicado. 

"The law allows for punishing without first prosecuting, thus violating the very basic right of every person to due process," says Karapatan.

Karapatan said that  the high court must act immediately and prevent injury because even prior to the enactment of Arroyo's terror law, countless have already been victims of state terrorism.

The rights groups, in its petition said the foregoing: "Perhaps this Honorable Court can take judicial notice of the long-running and consistent public insinuation, labeling and vilification by Respondents Executive Secretary, DOJ Secretary, DND Acting Secretary and National Security Adviser and by AFP Chief of Staff, among others, of Petitioner Karapatan.

"Such vicious labeling continues to this very day and are incitements to hatred and violence against Petitioners and is tantamount already to the effects of proscription under R.A. 9372 without even the modicum of following first the requirements and process, questionable as they are, in the subject law."

Indeed, it is quite unnecessary for Petitioners to expose themselves to actual arrest or prosecution or injury to make a constitutional challenge as these threats are not "imaginary or speculative" (Though not on al fours, vide for instance, Steffel v. Thompson, [415 US 452; 1975])."