THE Anti-Terrorism Council (ATC) has approved the draft implementing rules and regulations (IRR) of the controversial Anti-Terrorism Act (ATA) of 2020.
This developed as Sen. Panfilo Lacson revealed he is looking at a potential “test case” for the recently enacted Anti-Terror law involving an arrested Indonesian woman suspected to be a suicide bomber linked to an Abu Sayaff Group plot to carry out a terrorist attack.
Lacson noted the case of suspected Indonesian suicide bomber, identified as Nana Isirani, looms as an initial test case for the newly signed Anti-Terrorism Law of 2020, “particularly its provision penalizing inchoate offenses,” referring to the aborted bomb attack.
The senator pointed out, however, that “the bombs and other items seized from Nana Isirani, also known as Rezky Fantasya Rullie or Cici, “indicated she was preparing to take part in a terrorist attack.”
Dissemination
Justice Secretary Menardo Guevarra said the IRR was drafted by the technical working group led by the Department of Justice (DOJ).
“We will disseminate copies to Congress and to law enforcement agencies as required under the law, and will publish the IRR online and in a newspaper of general circulation in the next few days,” Guevarra said.
The IRR will take effect upon publication and registration with the Office of the National Administrative Register (ONAR).
He said the IRR does not carry any specific provision pertaining to social-media regulation.
Petitions
The Movement Against Tyranny (MAT), meanwhile, called on the Executive branch not to preempt the Supreme Court’s action on the 37 petitions filed before it seeking to declare the ATA of 2020 unconstitutional.
“The fact that there are 37 petitions in the SC against the Anti -Terrorism law should make authorities think twice about coming out with an IRR. With so many questionable dangerous provisions, authorities should exercise extraordinary prudence in implementing this controversial law,” the group said.
The group stressed that there are fears that the law will be used to clamp down on freedom of speech and expression, with Armed Forces of the Philippines (AFP) Chief of Staff Gen. Gilbert Gapay admitting that they want the IRR to contain provisions ostensibly to regulate social media.
Records showed Rullie was nabbed with two other women believed to be wives of Abu Sayyaf members in Jolo, Sulu, last October 10 after the arresting authorities confiscated items including an improvised explosive device disguised as a vest, container pipes, and a nine-volt battery.
Lacson said “this is one example of an inchoate offense made punishable under the new Anti-Terrorism law,” noting that “by including inchoate offenses as punishable acts under the new measure, we are criminalizing the foregoing acts of the arrested suspects, which include planning, preparation and facilitation of terrorism and possession of objects with knowledge or intent that these are to be used in the preparation for the commission of terrorism.”
Speaking before the Philippine Army Multi-Sector Advisory Board Summit, the senator clarified that one of the new features in the Anti-Terrorism law, or Republic Act 11479, is the penalizing of “inchoate offenses,” or preparatory acts that are deemed criminal even without the actual harm being done, provided that the harm that would have occurred is one the law tries to prevent, such as terrorism.
“This new feature aims to prevent terrorism even before the actual commission of the violent terrorist act by making planning, preparing, and facilitating acts of terrorism as independent criminal acts already punishable by reclusion perpetua without the benefit of parole,” he said.