Senator Panfilo Lacson explained on Monday the 14-day provision of Anti-Terrorism bill that it was adopted from countries with the “most lenient” detention provision for suspected terrorists.
“We adopted the most lenient yung Australia and Sri Lanka na 14 days (from Australia and Sri Lanka which have 14 days),” said Lacson, who is also the chairman of the Senate national defense and security committee.
The Section 29 of the Anti-Terrorism Bill allows the police and military to imprison – without a judicial warrant of arrest or case – the “suspected” perpetrators, conspirators, and conspirators to commit terrorism for up to 14 days, which can extend to 10 more days.
Lacson said that the current rules those caught through warrantless arrest could only be detained for up to 36 hours and should be released if no charges have been filed in court.
“We extended it because other jurisdictions have longer reglementary period,” the senator said.
Lacson cited that in Malaysia, police could detain a suspect for 59 days to two years. Indonesia’s detention period meanwhile is from 21 days to 120 days, Singapore 730 days up to an indefinite length of time.
Lacson recounted during the Senate hearings on the Anti-Terror bill that the law enforcement agencies wanted a 30-day detention period, but it was not approved.
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He also said authorities should inform the court within 24 hours each time they would conduct a warrantless arrest.
“By the simple wrongful act of not informing the nearest judge, the policeman who conducted the arrest faces the possibiltiy of getting imprisoned for 10 years and be given perpetual absolute disqualification sa public service,” he said.
Lacson pointed out this provision in the bill is not found in laws concerning other crimes and offenses.
The bill would also allow law enforcers to extend the detention for another 10 days provided the nearest court would approve it, he added.
Those arrested but found to be innocent “can still seek legal redress from the court and file damages against the police officers,” Lacson said.
The former PNP chief also reminded authorities that anyone who would violate the Anti-Torture Act during the detention period would face charges.
“We are guided by the Bill of Rights, yung no law shall be passed abridging the freedom of speech, the freedom of expression, tsaka yung to peacably assemble, to air their grievances to the government,” he stated.