The Department of Justice yesterday said it is not the policy of the government to red-tag individuals or groups to silence them.
This was stressed by Justice Assistant Secretary, Atty. Mico Clavano, during an interview on DAILY TRIBUNE's online show Straight Talk.
Clavano said there is no firm definition of red-tagging, and there is a lack of legislation to address red-tagging.
"However, if the definition of red-tagging is to label, brand, or identify certain leftist, communist, or terrorist groups to silence them, this is not the government's policy. It has never been and will never be the policy of the DoJ and the government to red-tag to silence its critics," Clavano said.
He said that under the tenure of Secretary Jesus Crispin Remulla at the DoJ, they have always given importance to due process.
"All the cases and a lot of them are sensationalized; we always afford due process even if we have evidence, all undergo the right process. Because there exists a process that we can find in the Rules of Court. So there's going to be a preliminary investigation. There will be the proper finding of probable cause. And then the eventual filing in court and all of that takes time," he said.
Clavano said Secretary Remulla's policy is to be patient because "the wheels of justice may not turn fast, but they turn."
No place for silencing critics
"So it really follows the process. We also put a very big emphasis on the freedom of expression, the freedom of media especially. I just don't think there's any place for silencing critics in this administration. So, in terms of red-tagging, it's too much of a blanket of a term. In fact, the leftists use it to call out the government. I don't think it's fair."
He said if leftists can dish it out, they should be able to take it themselves because all they do is propagandize.
"They destabilize, erode credibility, and are very good. But if the government says they are part of the propagandists, they get angry," he said.
He added: "So if you can do this, you should also be able to take it. This has always been the stand of the secretary."
But in terms of red-tagging as a means to silence critics, Clavano said it is never going to be a policy of the DoJ.
Red-tagging refers to the practice of categorizing people or organizations as communist "fronts," "terrorists," or "sympathizers" without substantial proof. This labeling, often done without evidence, can result in specific individuals being subjected to harassment or violence.
Terrorist designation
The exact process is observed when someone is tagged a terrorist because there is a process also being followed by the Anti-Terrorism Council or ATC.
"The ATC, of course, they have the power to designate as well as to proscribe. Right?" he said.
He went on to explain that the first step would be to designate someone as a terrorist based on probable cause.
"And the effect is to clip their wings; they won't be able to move financially and physically because the designation follows a freezing of assets, and Immigration also restricts the physical movements due to the international lookout bulletins," Clavano added. "Then there is an Interpol notice."
Proscription, he said, is different because it has to go through a court.
"Before the Anti-Terror Act of 2020 was passed, there was a proscription in the old law under the Human Security Act law wherein many were proscribed, especially local terrorist groups like Abu Sayyaf and the New People's Army," Clavano said.
Ombudsman says, too
During last week's budget deliberations, Ombudsman Samuel Martires said there is no law against red-tagging.
"Wala namang batas nagbabawal sa (There is no law that violates) red-tagging. In the absence of a law, we cannot arrogate to ourselves (the authority to say someone committed) red-tagging," Martires was quoted as saying.
Using the anti-corruption law to prosecute red-tagging was just a way to prosecute an action that is not necessarily illegal, Martires said, referring to at least one red-tagging complaint against retired Lt. General Antonio Parlade that his office already dismissed.