Press Release
February 1, 2007

ENRILE ACCEPTS PIMENTELS PROPOSAL TO
DELAY EFFECTIVITY OF ANTI-TERRORISM ACT

The Anti-Terrorism Act, now on the homestretch of the law making process, will take effect only two months after the May 14, 2007 national and local elections.

This was a major amendment to the Anti-Terrorism Act accepted by its sponsor Sen. Juan Ponce Enrile upon the suggestion of Minority Leader Aquilino Q. Pimentel, Jr. during the deliberations on the legislation late Wednesday evening.

Enrile also accepted a related amendment presented by Pimentel that the provisions of the Anti-Terrorism Act will be suspended one month before and two months after other elections.

The proposal to make the legislation effective only two months after the May polls was adopted to allay apprehensions that it may be taken advantage of by unscrupulous persons in power and other individuals to harass their political opponents during the period when tension among the candidates is high.

It is easy to see that people in power or unscrupulous individuals could conceivably use the anti-terror legislation as a tool to browbeat their electoral opponents, Pimentel said.

Prudence dictates that the Senate should not allow them to have the opportunity to use the anti-terror legislation for purposes other than for which it was crafted.

The final version of the Anti-Terrorism Act may be approved by Congress when it holds session for a few days after the May elections to wrap up official business.

During Wednesdays session which lasted up to 11 p.m. Enrile also accepted other amendments to the Anti-Terrorism Act presented by Pimentel, as follows:

1. Terror suspects arrested by law enforcers without court warrant should be presented to judicial authorities before they are detained.

2. The amount of damage for persons wrongfully arrested under this legislation has been raised from P50,000 to P500,000 for each day of detention.

3. The Anti-Terrorism Act shall be published in the national and local newspapers before it becomes effective.

4. Radio and television will broadcast the title of the new law and its penal provisions one week before its effectivity.

On the approved amendment requiring the presentation of arrested terror suspects before a judge prior to detention, Pimentel said this will prevent the physical maltreatment of the jailed individuals.

It is critical that we circumscribe the powers of arrest and detention of suspects or people charged with terrorism by the police and law enforcement personnel, the senator from Mindanao said.

One way to discourage, abuse, especially physical abuse of the persons accused or suspected of terrorism is to compel the police and law enforcement personnel concerned to bring the person they have arrested immediately to the presence of a judicial magistrate.

Pimentel said it shall be the duty of the judge to ascertain the identity of the police or law enforcement personnel and the person they have arrested and presented before him. He said the judge will also inquire from the arresting officers on the reasons why they have apprehended the suspect and to determine by questioning and personal observations whether or not the suspect has been subjected to any physical or psychological torture.

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