Righting Wrongs: Criminal Law Provisions in the Philippines related to National Security and their Impact on Human Rights Defenders in this Protocol may be committed without the intent of causing fear among the population, destroying public order, or compelling the government or an international organization to doing or refraining from doing something. Finally, the purpose of persons who undertake the acts prohibited under this Protocol may not necessarily be for the furtherance of a political or ideological aim. It should be emphasized that it is important for the Philippines to have a precise definition of the term “terrorism” and that such definition is confined to conduct that is of a genuine terrorist nature, meeting the three cumulative conditions specified by the UN Special Rapporteur on human rights and counterterrorism.246 Domestic laws on terrorism must clearly set out what elements of the crime make it an act of terrorism. Furthermore, where particular offences are linked to “terrorist acts”, such as in the HSA and TFPSA, there must be a clear definition of those acts.247 In 2012, the Human Rights Committee recommended that the Philippines ensure the HSA defines terrorist crimes with enough precision to allow persons to regulate their conduct.248 Given that the TFPSA definition incorporates the HSA definition and also incorporates by reference treaties that do not meet the three criteria specified by the UN Special Rapporteur on human rights and counterterrorism, it is overbroad and must also be redrafted in a manner that is consistent with international human rights law, in particular with the principle of legality, Article 15 of the ICCPR, and the respect for the rights of freedom of association and expression of human rights defenders and others. b. Sharing information with other States’ intelligence agencies Both the HSA and TFPSA accord increased surveillance powers to Philippine authorities who, like authorities in many other States, have claimed that these increased surveillance powers are necessary to improve their ability to prevent and investigate acts of terrorism. Many States like the Philippines also consider that cooperation with other countries’ intelligence agencies is a necessity in counter-terrorism operations. Thus, many countries share with each other information gathered from surveillance activities.249 The Anti-Terrorism Council (ATC), which is tasked to implement the HSA, has the specific mandate to “establish and maintain coordination with and cooperation and assistance of other nations in the struggle against international terrorism.”250 The HSA includes several safeguards which aim to prevent abuses of human rights in relation to surveillance powers. For instance, all intercepted and recorded communications must be deposited with the Court of Appeals251 and cannot be unsealed without judicial approval.252 The person under surveillance has the right to be informed of the surveillance after the fact and to challenge its legality before the court.253 Law enforcement authorities who fail to deliver a detained suspect to the competent judicial authorities within three days of their arrest may face the penalty of imprisonment from 10 to 12 years,254 and any law enforcement officer found to have violated the rights of a detainee shall suffer the penalty of 10 to 12 years of imprisonment.255 The HSA expressly prohibits torture or coercion to be employed upon detained persons during investigation and interrogation,256 and any person found guilty of using such means shall be subject to 12 to 20 years’ imprisonment.257 246 Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, UN Doc. E/CN.4/2006/98 (2005) at para. 42. 247 Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, UN Doc. E/CN.4/2006/98 (2005) at para. 46. 248 Human Rights Committee, Concluding observations on the fourth periodic report of the Philippines, UN Doc. CCPR/C/PHL/CO/4 (2012) at para. 8. 249 Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, UN Doc A/HRC/13/37 (2009) at para. 20. 250 Section 54(7) of the Human Security Act. 251 Section 11 of the Human Security Act. 252 Section 14 of the Human Security Act. 253 Section 9 of the Human Security Act. 254 Section 20 of the Human Security Act. 255 Section 22 of the Human Security Act. 256 Section 24 of the Human Security Act. 257 Section 25 of the Human Security Act, para. 1. 37