Marcos Jr. Terrorism cases against ‘easy targets’ are increasing during the period

Feared terrorism laws have been passed by President Ferdinand Marcos Jr., according to human rights groups, concerned about recent cases targeting politically weak individuals. It continues to be used against opponents during the period.

The two new participants in the anti-terror law are associated with the activists either by blood or past ties. Alaiza Lemita, whose sister was among the activists who were allegedly killedBloody SundayIn 2021, a lawsuit was filed for terrorist financing because it was alleged that adobo (A meat dish specific to Filipinos) to the rebels.

“They target ordinary people like us because we are easy targets…. They targeted us because of our efforts for justice after Bloody Sunday, so they are pressuring us. It is very easy to make fabricated complaints now, they can sue anyone they want,” Lemita told Rappler in Filipino.

“We have seen lawsuits being filed against activists for alleged violations of anti-terrorism laws. We now see that it is used even against ordinary citizens for the slightest reasons. “It can literally be used as a weapon against anyone,” Ephraim Cortez, president of the National Union of People’s Lawyers (NUPL), told Rappler.

There is also the question of whether the state is using its resources wisely to fight so-called terrorism, as by NUPL’s count alone the state has already lost at least five cases.

“To our knowledge, at least five counterterrorism cases have collapsed in court because the state failed to provide sufficient evidence to support its claims. NUPL stated that all cases involved false testimony and false accusations by military elements and/or returned so-called rebels.

Below are some of the most notable cases:

Supreme Court upholds constitutionality of anti-terrorism law mostlygone a narrow window For a future challenge when real cases arise. Part of the difficulty of the initial appeal was that the petitioners were not sued or prosecuted under the law. The anti-terror law, which is among the existing terrorism laws in the country, was adopted under the presidency of dictator Rodrigo Duterte.

Both terrorism financing and draconian anti-terrorism legislation are used to suppress dissent in the country.

We lost the case but we came alive again

Lemita works as a human resources staff member at a local university, but now has to attend hearings on a complaint filed against him by the military this year for alleged terrorist financing or financing of terrorism. Republic Act No. 10168.

Allegedly his sin was giving cooked rice and adobo in two sacks to alleged rebels in March 2017. The military’s case rests on the affidavit of a “returned rebel” who could supposedly verify Lemita’s food distribution. The person who returned said that Lemita also gave them P50,000.

This complaint is pending before the Batangas prosecutor’s office. Lemita, who denied the allegations against him, said he was still a psychology student at Batangas State University at the time of the alleged food delivery.

This is a revived case against Lemita. Police had filed a lawsuit against him for terrorist financing under the anti-terrorism financing act in 2017, immediately after the alleged food distribution that followed an “encounter” between rioters and law enforcement. Batangas prosecutors dismissed the complaint for lack of probable cause in June 2017.

“My school records show that I was continuously enrolled from 2012 until my graduation in 2018. I never interrupted my studies, which prevents my involvement in the shooting in March 2017,” Lemita said. Rappler.

red tag family

Lemita said he and his family have been subjected to threats and harassment from law enforcement for a decade. It all started in 2014 when the police conducted a search of their home, targeting Lemita’s red-tagged father, Armando, and uncle, Anatalio; both were members of the progressive group Ugnayan ng Mamamayan Laban sa Pagwawasak ng Kalikasan in Kalupaan (UMALPAS). An organization that defends the rights of fishermen.

Lemita said that they resisted the police operation after the police refused to show them a permit. Thereupon, Lemita and her family were arrested for obstruction of justice, resistance and direct assault. These complaints were later dismissed, but this was only the beginning of Lemita and her family’s never-ending struggle.

Lemita said his father and uncle were accused of being members of the Communist Party of the Philippines-New People’s Army (CPP-NPA) and that UMALPAS was a so-called front organization for the rebel group. Although he was not an activist, Lemita was also accused of being a member of the NPA because he was added to the government’s “order of battle,” or list of suspected enemies of the state.

Lemita said that from time to time, law enforcement officers also visit their homes in the state to intimidate them. There were also times when these alleged state forces visited the workplace.

However, the most serious manifestation of these attacks was his brutal murder. Ana Mariz “Chai” Lemita-Evangelista and Ariel EvangelistaLemita’s sister and brother-in-law in March 2021. In addition to the couple, four more activists were killed and nine more were arrested in simultaneous police operations in Luzon.

Lemita and her family sued the police officers who killed the couple and managed to get the National Bureau of Investigation (NBI) on their side. NBI filed a murder complaint against police officers after finding that police officers and staff were murdered. “Deliberate intent to kill.” This complaint was later thrown away It is under the Ministry of Justice under Marcos.

Lemita, a single mother of a three-year-old child, is scared and worried. Although he has not yet digested the murder of his sister, he finds himself at a point where he has to balance pain and fighting.

“Our family experiences sadness every day. But of course we will take a step back against these cases. Because if we give up, everything we have fought for will be in vain.”

‘It didn’t even happen in my wildest dreams’

Marcylyn PilalaThe mother of two, who also owns a sari-sari store, is also facing terrorism financing cases.

Like Lemita, police filed charges against Pilala in March 2020, based on statements from returning rebels who claimed Pilala had P100,000 to buy supplies for the NPA.

“I was really surprised because how did this happen? Financing? Could a small sari-sari store be involved in alleged terrorist financing?” Pilala told Rappler.

“Never in my wildest dreams did I think this would happen to me, as it has been a long time since I cut ties with my organizations. “There are times when I check on some people when I am in the city, but I do not take part in any of the activities of the organizations I have previously organized,” he said.

Pilala, a native of Besao in Mountain Province, said he became an activist during his college years but was not active anyway for “peace of mind” and instead wanted to focus on his mental health and family.

“I categorically deny the above allegations. Contrary to the false allegations of the complainants and witnesses, I am a civilian; I am not and never have been a member of the underground communist movement,” Pilala said in the affidavit seen by Rappler. He also included a bank account statement in the affidavit to prove that he did not receive the money .

The mother of two said she and her family members were also afraid. Their loved ones are concerned not only for their own safety, but also for the well-being of their children. Pilala’s youngest child is still breastfeeding from her. Pilala comes to the same conclusion as Lemita; He, too, feels he was targeted because he was an ordinary citizen who law enforcement thought could not fight back.

“Maybe they think they can trample us on their behalf. Maybe they think we lack knowledge and can easily bend. Maybe that’s what they thought, that we didn’t have a connection or something,” he told Rappler.

Rappler is also aware of a recent case of a grandfather in Northern Luzon who was summoned by the police for allegedly violating the anti-terrorism financing law.

Worrying trends

Aetas in front of two mothers Japer Gurung and Junior Ramos was charged by the military under Section 12 of the draconian anti-terrorism law; It was the first known case under the law during the Duterte era. Later an Olongapo City court dismissed In the case filed against the duo, it was decided that this was a case of confusion.

“Because the law has given them absolute powers. Because of these absolute powers, they were very confident in filing lawsuits. Even if their case is weak.” NUPL and human rights lawyer Neri Colmenares, who was among those who previously appealed to the Supreme Court, told Rappler:

Another apparent trend was that complaints were made based on absurd or mundane reasons. Before Lemita and Pilala, Calabarzon activists Paul Tagle and Fritz Labiano were punished in terrorist financing cases and Article 12 of the anti-terrorism law because the two visited other activists in prison, gave them food and P500.

Prosecutors dismissed the military’s terrorism law complaint but pursued the terrorist financing case. The Batangas court annulled the terrorist financing case in June this year.

NUPL’s Cortez explained that trends in terrorism cases show that the government’s goal is to file as many cases as possible, regardless of the merits or content of those allegations. Both Colmenares and Cortez confirmed to Rappler that they intend to challenge the constitutionality of Duterte’s anti-terrorism law again.

“We expect cases in which the constitutionality of the law may be questioned. There was already a superficial challenge to its constitutionality in 2020, and that was resolved in 2021, but we plan to file a practical challenge to its constitutionality when a case arises where it can be raised,” Cortez said.

“President Marcos should warn against misuse of the anti-terrorism law. If he is truly for human rights and against extrajudicial killings, fabricated cases and red-tagging, he should do this. In a public statement he should say that he warned uniformed personnel not to abuse their powers under the Counter-Terrorism Act, saying that if they did so they would be met with the full force of the law. “If the President does this, it would be a big thing,” Colmenares added. – Rappler.com

* Quotes have been translated into English for brevity