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Thursday, April 25, 2024

CHR to groups, individuals tagged as terrorists: File request for delisting

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By Meggie Carpio, Paulyne De Mesa, and Ellicia Del Mundo

The Commission on Human Rights said persons or groups tagged as terrorists by the Anti-Terrorism Council (ATC) to file a verified request for delisting.

The CHR said this is the "fastest and most appropriate legal remedy" for persons or groups who were aggrieved by the publicized list of designated terrorists.

“The Commission encourages these aggrieved personalities or groups to file their request for delisting, as this is the only fastest remedy available to protect their rights under the law,” the CHR told Manila Standard in an email interview.

Under the Implementing Rules and Regulations of the Anti-Terrorism Act of 2020, a designated individual or group can file a verified request to remove their name from the list before the council within 15 days of publication.

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The following are the grounds for delisting: mistaken identity; relevant and significant change of facts or circumstance; newly-discovered evidence; death of the designated person; dissolution or liquidation of designated organizations, associations, or groups; or proof that the basis for designation no longer exists.

In cases where there may be abuse by government agents in the implementation of the ATA, the CHR is “mandated by the Constitution to conduct an independent investigation on alleged human rights violations.”

“After an investigation and there is a finding of human rights violations, the CHR will recommend a direct filing of cases (criminal, and/or administrative) against the responsible state agent/s,” CHR said.

For activist or progressive groups who may be tagged as “terrorists” without legal basis, CHR said they should be aware of their rights and be familiarized with the organizations that provide legal assistance or legal counseling.

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