38 Righting Wrongs: Criminal Law Provisions in the Philippines related to National Security and their Impact on Human Rights Defenders Another safeguard in the HSA is that persons who have been accused of terrorism and subsequently acquitted shall be awarded damages amounting to Php500,000 (approximately US$11,428) for every day of detention or deprivation of liberty or arrest without a warrant as a result of such accusation. The award of damages shall be released automatically within 15 days from the date of the acquittal of the accused.258 Persons found responsible for delaying the release of awarded damages to the individual acquitted of the crime of terrorism face a penalty of 6 months imprisonment.259 Furthermore, there is a ban on extraordinary rendition under Section 57 of the HSA, which states that “no person suspected or convicted of the crime of terrorism shall be subjected to extraordinary rendition to any country unless his or her testimony is needed for terrorist-related police investigations or judicial trials in the said country and unless his or her human rights, including the right against torture, and the right to counsel, are officially assured by the requesting country and transmitted accordingly and approved by the Department of Justice.” It is unclear, however, whether all these safeguards extend to the Government’s cooperation with foreign States. According to the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, intelligence-sharing with authorities of a foreign State should be based on national law, which shall include “criteria for the purposes for which intelligence may be shared, the entities with which it may be shared, and the procedural safeguards that apply to intelligence sharing.”260 Not extending the safeguards built into the domestic law to cooperation with intelligence services of other States or other actors may subsequently endanger fundamental rights, including the right to privacy.261 The right to privacy in itself serves as a basis for other rights. Without the right to privacy, other rights would not be effectively enjoyed. For instance, the rights of freedom of expression, association, and movement all require respect for the right to privacy262 c. Unlawful authority of the Commission on Human Rights of the Philippines (CHRP) and length of detention under the HSA Another area of concern in the HSA, which was also raised by the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism,263 is the authority given to the Commission on Human Rights of the Philippines (CHRP), the national human rights institution (NHRI) of the country, with regards to detention of persons. Under the HSA, in the event of an actual or imminent terrorist attack, the detention of a suspect for more than three days must be approved by either a judge or an official of the CHRP.264 It is noted that the CHRP has never utilized this power under this provision.265 258 Section 50 of the Human Security Act, para. 1. 259 Section 50 of the Human Security Act, para. 2. 260 Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Compilation of good practices on legal and institutional frameworks and measures that ensure respect for human rights by intelligence agencies while countering terrorism, including on their oversight, UN Doc. A/HRC/14/46 (2010), para. 45. 261 Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, UN Doc. A/HRC/13/37, para. 40. 262 Ibid. at para. 33. 263 Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, UN Doc. A/HRC/6/17/ Add. 1 (2007) at para. 71. 264 Article 19 of the Human Security Act. 265 ICJ Interview with Atty. Jacqueline Mejia, Executive Director of the Philippines Commission on Human Rights, and Atty. Karen Dumpit, Director of the Philippines Commission on Human Rights, Philippines Commission on Human Rights, 1 August 2013.