HOW TO GET AWAY WITH TERROR

written by Jazryl Carl Galarosa

graphics by Deitro Dazo

It was the afternoon of July 7 when Cristina Palabay, secretary general of human rights alliance Karapatan, was served a warrant of arrest by an official who introduced himself as an LBC courier. Another officer in plainclothes accompanied him as the perjury complaint of National Security Adviser Hermogenes Esperon against Palabay, officers of Karapatan and two other organizations was revived and filed in court. Despite the recall order for an arrest warrant against Palabay issued on April 29, the police officials insisted that they only received the warrant of arrest on July 6. All of these, from the courier scheme, plainclothes, to the operation procedures by the police, were illegal under their own written handbook.

It may sound like an impossible dream lifted from a post-apocalyptic novel, but this kind of world is already persisting in the Philippines. We are now living in our own version of dystopia as amid the coronavirus pandemic, our human rights and democratic freedom are at the brink of their death.

President Rodrigo Duterte signed into law the Anti-Terrorism Act of 2020 on July 3, which penalizes any acts of “terrorism” defined under its book. Under the Anti- Terrorism Law, we can be arrested even without a warrant based on the mere speculation that we might be a terrorist. Compared to the Human Security Act of 2007, the Anti-Terrorism Law allots a longer detention time from at most three days to 14-24 days. Furthermore, the Anti- Terrorism Act of 2020 removed the fine for damages caused by deprivation of liberty.

Red-tagging would be more rampant as under a repressive regime, any member of organizations that they consider to be terrorists defined under their own book can be arrested. Once someone was tagged or suspected to be part of a terrorist group, they can be wiretapped: every conversation on the phone would have ears that would eavesdrop, every move would have eyes that would monitor, and every word would have a mouth on constant watch, enabling surveillance and bypassing our privacy.

The eyes of terror have stepped into cyberspace as once someone posts anything online, a simple screenshot would already make it out to the world to know and to access forever. Unironically, even a meme of dissent could be viewed as an act of terrorism as any public pronouncement can be used as an accessory to the crime.

In avoiding the eyes on the watch of our online data and activity 24/7, Republic Act 10173 or the Data Privacy Act of 2012 can get us covered. The Data Privacy Act seeks to protect our privacy and our communication while ensuring free flow of information. The law further recognizes that “personal information in information and communications systems in the government and in the private sector are secured and protected.”

The Data Privacy Act is driven by transparency, legitimacy, and proportionality: meaning, we have the right to know as data subjects what personal information would public and private institutions collect from us and how it would be processed. Any processes involving our personal data must be accessible, fair, with a purpose aligned with public policy. Furthermore, informed consent is necessary on our end while giving us the choice to withdraw our consent.

Our rights to access information whenever our data is being processed for whatever purpose are also covered under the Implementing Rules and Regulations of the Data Privacy Act. We also have the right to order the erasure of our personal data to an institution’s filing system. Finally, any illegitimate and unauthorized processing of our data will be penalized and will be “subject to compliance and enforcement orders, cease and desist orders, temporary or permanent ban on the processing of personal data, or payment of fines.”

Knowing the provisions of the Data Privacy Act must give us an idea on how they could use our personal information. The more we can understand how they can and cannot use our data, the better we would know what to do when terror locked its eyes upon us or crossed the boundaries of our personal spaces.

Even with the Data Privacy Act, it would not give us a complete safeguard as the Anti-Terror Law enables surveillance. We have to say goodbye to the Data Privacy Act as once we were tagged as terrorists, we will be wiretapped. When we wake up one day to suffer the same fate as Palabay, how do we respond to the imminent storm? What should we do on ground if we are handed a subpoena or worse, arrested? Karapatan, a human rights organization that has been on the frontline of our human rights struggle since the Martial Law era, prepared a paralegal bust card to remind ourselves in times like these.

When we are arrested, we have the right to talk to our relatives and to reach out to a lawyer of our choice. Moreover, we could refuse to answer questions, to give a written statement, to sign documents, and to be photographed and fingerprinted especially without the assistance of a lawyer as part of protecting your privacy.

Everyone subjected to a warrantless arrest must be presented with an inquest fiscal, an informal or summary investigation. Otherwise, it would be an illegal detention and we are entitled for an immediate release.

Meanwhile, if we receive a subpoena especially for cyberlibel, Atty. Alvin Gregorio, lawyer at Patac, Plaza, Gregorio and Tesalona Law Offices, shared on social media what we should do. The same things apply when we are arrested, we must be in contact with a family and with a lawyer, but a subpoena only means an invitation for investigation.

With a subpoena in your hand, we must read it thoroughly as we look for the allegation and the material subject for the subpoena. Explain to the lawyer the situation and if there is no concrete post, demand in writing to be informed of the basis of the complaint.

Always know the basis of the complaint. The best way to protect ourselves from a complaint is to know the complaint itself as it is part of our right. We also have a choice to attend the proceedings, but it would be better if we let our lawyer attend on our behalf.

Finally, both Karapatan and Gregorio share the same sentiment to be calm while asking for the name, rank, and other pertinent details of the investigating officer handing an arrest or a subpoena. Always communicate with a family and demand to contact them for location, and other support that we need at that moment.

Just like preparing for an upcoming calamity, vigilance and preparation are keys to reduce the risk and mitigate the impacts of terror in our freedom. Being familiar with how a warrant or a subpoena looks like and practicing security protocols in and out of the online world would be helpful to protect ourselves.

It is best that on a day to day basis, even if we are mostly confined to our homes, we apply the same online protocols and we are always extra careful in sharing information with strangers. From this point it would be helpful if we have contact details of our friends, paralegal, and even a lawyer just in case we have been summoned or arrested. It would also be handy to bring our ID and our own bust card at all times and it is much better if we memorize its contents. After all, it has our rights.

Mobilizations, especially at the time of a coronavirus pandemic, are crucial more than ever as we are risking both our health and security. So, it would help if we have someone around to join us in our calls: a buddy system, a first aid on standby, and a meeting point would boost up our safety when terror is disguised in uniform or worse, plainclothes.

With this, of course, it is our duty to protect the community whom we dedicate our calls for. We must keep communities safe as well especially with the vulnerable communities we serve and work with as they live with the constant fear of terror abusing their people and taking their land. Always apply the protocols we practice online and on ground and we would be all set to protect not just our privacy but also the welfare of the people.

As we can see the aftermath of the Anti-Terror Law unfold with our own eyes, it is imperative for us to keep them open, vigilant to the countless human rights abuses of the state against the people they vowed to serve and protect. We have lost Ka Randy and Zara Alvarez in a span of days — activists who struggled with us in our fight for democracy. But now is not the time for us to falter even with the growing threat of Anti-Terror Law in our freedoms each passing day. In the world looming with terror, we must be brave to stand with the people, for the people.

Exercising our freedom of expression is a need to reinvigorate our democracy whenever this fascist administration tries to topple it. More than fear, it must be our call to dissent and criticize what must be done better as we hold those in power accountable. With the draconian Anti-Terrorism Law impeding our human rights into this administration’s rendition of a martial law, it must be the time for us to be vocal more than ever.

With warrantless arrests and redtagging filling our headlines every day amid a public health crisis, it calls a need for us to stand strong despite the storm. By knowing our legal rights and knowing what to do, we are one step closer into getting away with terror, with the ultimate step of taking terror out from its roots through toppling a fascist regime.

References

Escobar, Miguel. “In Case The Cops Forget: These Are Your Rights Upon Arrest.” Esquiremag.ph. Esquire Philippines, September 12, 2017. https://www.esquiremag.ph/politics/ news/in-case-the-cops-forget-these-are-your-rights-uponarrest-a00207-20170912.

“Implementing Rules and Regulations of the Data Privacy Act of 2012.” National Privacy Commission, March 29, 2017. https:// www.privacy.gov.ph/implementing-rules-regulations-dataprivacy-act-2012/.

“Republic Act 10173 – Data Privacy Act of 2012.” National Privacy Commission, July 19, 2016. https://www.privacy.gov.ph/dataprivacy-act/.

“Republic Act No. 11479: GOVPH.” Official Gazette of the Republic of the Philippines, July 3, 2020. https://www.officialgazette. gov.ph/2020/07/03/republic-act-no-11479/.