On DOJ’s grandstanding narrative regarding financing terrorism charges vs. CERNET
The DOJ must be reminded of its ethical duty: prosecutors are entrusted not with securing convictions at all costs, but with ensuring that justice is served. This means upholding the principles of fairness, due process, and the presumption of innocence until proven guilty. The use of fabricated evidence and the solicitation of false testimony constitute not only ethical violations but egregious affronts to justice.
May 23, 2024
NUPL
The National Union of Peoples’ Lawyers is a nationwide voluntary association of human rights lawyers in the Philippines, committed to the defense, protection, and promotion of human rights, especially of the poor and the oppressed.

The recent press statement issued by the Department of Justice (DOJ) concerning the filing of criminal charges for financing terrorism against Community Empowerment Resource Network, Inc. (CERNET) and its officers is a marching order to wield Republic Act No. 10168, the law ostensibly enacted to combat terrorism financing, as a blunt instrument against progressive civil society organizations (CSOs) and development workers.

While the DOJ has a mandate to prosecute crimes, the tone and substance of Justice Secretary Jesus Crispin C. Remulla’s statements dangerously verge on prejudicial commentary. His call for the prosecution panel to “secure conviction” and to go “the extra mile to put behind bars all financiers of terrorism” sends a disquieting message—one that creates a widespread perception of guilt before final judgment. Needless to state, the resolution dated May 8, 2024 by the Task Force on Counter-Terrorism and Terrorism Financing, led by Senior Deputy State Prosecutor Peter Ong, may outline allegations against CERNET, but it does not conclusively prove guilt.

It is incumbent upon the DOJ to recall its ethical duty: prosecutors are entrusted not with securing convictions at all costs, but with ensuring that justice is served. This means upholding the principles of fairness, due process, and the presumption of innocence until proven guilty. It should be reminded that the use of fabricated evidence and the solicitation of false testimony, often sourced from alleged rebel returnees and anonymous witnesses procured by the NTF-ELCAC, constitute not only ethical violations but egregious affronts to justice.

Furthermore, Secretary Remulla’s inflammatory statements, such as “we will never stop running after terrorists” and “you will face extreme consequences,” send a chilling effect on CSOs pursuing legitimate humanitarian work. The ultimatum “either you are with us in safeguarding the welfare of our children and future generations or not at all”— is a dangerous dichotomy, a binary stance that serves only to intimidate and silence dissenting voices rather than promote genuine security.

By targeting organizations and individuals that have tirelessly served marginalized communities, the government’s counter-terrorism efforts risk exacerbating tensions and stifling civic engagement. The oppression of these humanitarian organizations under the guise of counter-terrorism not only undermines public trust in our justice system but also imperils the invaluable work these entities undertake to uplift vulnerable communities.

It is imperative that we remain vigilant and stand in solidarity with CERNET and all those unjustly accused in other financing terrorism cases. Our commitment to upholding rights and liberties demands a resolute rejection of repressive measures masquerading as a valid exercise of police power.###

Reference:
NUPL Public Information Desk
+639174316396

Read more

In the Service of the Filipino People

In the Service of the Filipino People

NUPL Vice President Atty. Angelo Karlo Guillen and Secretary General Atty. Josa Deinla with lawyers from the Kennedy Human Rights Center and Kerry Kennedy at the Capitol in Washington D.C.

Philippine Defeat in UN Security Council Bid Shows Human Rights Record Cannot Be Ignored

Philippine Defeat in UN Security Council Bid Shows Human Rights Record Cannot Be Ignored

The Philippine government finds paths only to new methods of repression and enforces the peace of the grave at home. Human rights monitors, including Karapatan, document a continuing pattern of violence: extrajudicial killings, enforced disappearances, arbitrary arrests, and widespread attacks on rural communities. On April 19, state forces killed 19 people in Toboso, Negros Occidental, including civilians standing in solidarity with farmers asserting their land rights.

On the Denial of the Petition Challenging the Terrorist Designation of Cordillera Peoples Alliance Leaders and the Constitutionality of the Anti-Terrorism Act

On the Denial of the Petition Challenging the Terrorist Designation of Cordillera Peoples Alliance Leaders and the Constitutionality of the Anti-Terrorism Act

The petitioners, all respected advocates for indigenous peoples’ rights and self-determination, sought judicial review of their designation as terrorists by the Anti-Terrorism Council (ATC) in 2023. Their petition constituted the first—and, to our knowledge, remains the only—as-applied constitutional challenge to the ATC’s power to designate individuals and organizations as terrorists under the Anti-Terrorism Act of 2020.

Share This