Apr 24, 2003

The “Terror Bill” Being Concocted by Congress is Unconstitutional!

HB 5923 or the Anti-Terrorism Bill provides a very vague definition of terrorism or the acts that constitute terrorism. It is so vague that it leaves people guessing as to what it really means. As such, the bill violates the right to due process, enshrined in theConstitution, which prohibits the creation of vague laws. Such vagueness would provide government with unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of its coercive power.

If passed into law, the “Terror Bill” can be abused by government to stifle legitimate dissent akin to what we have seen during the Martial Law years.

HB 5923 defines terrorism as:

“when any person or group of persons uses, or threatens to use violence principally directed against civilians or non-combatant persons, or causes damage or destruction against properties with the intent of creating a common danger, terror, panic or chaos to the public or a segment thereof” (Section 3).

The question is, what constitutes “violence” or “damage or destruction against properties”? What differentiates an act of terrorism from an ordinary crime? When is a murder considered as “terrorist murder” or a kidnapping a “terrorist kidnapping”? Worse, the bill does not provide the basis how one proves “intent of creating a common danger, terror, panic or chaos to the public or a segment thereof.” What evidences do you need to prove intent?

It is for this reason that workers remain suspicious about the real intent of the bill. Is it really being designed to fight terrorism or to stifle, even criminalize, legitimate dissent?

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