CHR hopes SC decision on red-tagging 'will fortify adherence to due process'

The Commission on Human Rights (CHR) on Saturday said it is hoping that the Supreme Court (SC) decision on red-tagging "will fortify adherence to due process and the rule of law."

"CHR is hopeful that the SC decision will set a strong legal precedent for court cases involving red-tagging. Most especially, we hope that this will fortify adherence to due process and the rule of law before making serious accusations and labels that endanger human rights and dignity," it said in a statement.

The SC recently ruled that red-tagging and guilt by association threaten a person’s right to life, liberty, or security as it granted a writ of amparo in favor of former Bayan Muna lawmaker Siegfred Deduro.

In ruling in Deduro's favor, the high court said that such accounts of red-tagging “depict it as a likely precursor to abduction or extrajudicial killing.”

“[T]his court declares that red-tagging, vilification, labeling, and guilt by association constitute threats to a person’s right to life, liberty, or security… which may justify the issuance of a writ of amparo,” the SC said.

In his petition for a writ of amparo, Deduro said that military officers red-tagged and accused him of being a ranking member of the Communist Party of the Philippines-New People’s Army (CPP-NPA). A regional trial court dismissed his petition, but the SC later determined that Deduro's initial petition "was not groundless nor lacking in merit."

"The Commission on Human Rights (CHR) welcomes the decision of the Supreme Court (SC) declaring “red-tagging, vilification, labelling, and guilt by association threaten one’s right to life, liberty, or security”. The said decision also identifies the issuance of a writ of amparo as a direct remedy to address the threats being caused by these acts, therefore also covering enforced disappearances and extrajudicial killings," the CHR said.

The commission said citizens are entitled to the protection of their fundamental rights.

"The SC’s decision underscores the importance of protecting these rights against any form of unwarranted harassment or intimidation. Red-tagging and similar practices not only violate the inherent dignity of individuals but also undermine the fabric of democracy and the rule of law," it said.

"The issuance of a writ of amparo in cases involving red-tagging or vilification serves as a vital mechanism to ensure accountability and provide recourse for victims of human rights violations. It empowers individuals to seek legal protection against arbitrary actions that threaten their safety and well-being," the CHR added.

The commission said the SC's definition of red-tagging "affirms the the subjective and arbitrary nature of red-tagging as a practice."

"Furthermore, by referring to red-tagging as a form of threat and intimidation, the SC acknowledges the real and immediate dangers faced by those who are labelled in this manner," it added.

Such affirms CHR's findings in 2020 regarding the situation of human rights defenders which is "replete with testimonies about human rights defenders across all sectors who, prior to being killed, injured, illegally arrested, charged with trumped-up cases, or otherwise put in harm’s way, have first been red-tagged," the commission said.

"CHR continues to enjoin all stakeholders, including government agencies, civil society organizations, and the public, to remain vigilant in ensuring that due process and the rule of law always prevail, safeguarding the dignity and rights of every Filipino," it said. —KG, GMA Integrated News