SC rules: Red-tagging is threat to life, liberty

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SC rules: Red-tagging is threat to life, liberty
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For almost six years, red-tagging has been a major component of the bloody counterinsurgency campaign – initiated and implemented by the Duterte regime and sustained by the Marcos Jr. administration – through the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC).

For almost six years, red-tagging has been a major component of the bloody counterinsurgency campaign – initiated and implemented by the Duterte regime and sustained by the Marcos Jr. administration – through the National Task Force to End Local Communist Armed Conflict .

Written by Associate Justice Rodil Zalameda, the ruling pertained to a petition for the issuance of a writ of amparo raised by long-time Iloilo activist Siegfred Deduro, who once represented Bayan Muna in the House of Representatives. In 2020, his petition had been denied by the Iloilo Regional Trial Court, which said that Deduro’s complaints of repeated red-tagging by the military were “insufficient” to be deemed as threats to his life.

In his concurring opinion, Senior Associate Justice Marvic Leonen noted: “The heightened risk of danger brought about by being labeled as a communist, a communist sympathizer or even merely being adjacent to a communist cause should be seriously considered by judges in amparo proceedings.” He referred to his dissenting opinion in a 2015 case, where he pointed out the dangers inherent in red-tagging.

About the landmark ruling, the National Union of Peoples’ Lawyers , through its chairperson Edre Olalia, was first to welcome it as “long overdue” and “crucial.” He said: “It is not a mere legally meritorious victory nor a vindication and potential shield of human rights defenders and a tribute to those fallen and already victimized by it, but a strong slap on self-righteous red-taggers before and now.

The Movement Against Disinformation, largely composed of lawyers, welcomed the tribunal’s expansion of the scope of threats which allows the issuance of the writ of amparo, and its recognition of the “numerous instances where red-tagging was a precursor to abduction and EJKs, that red-tagging precedes attacks against activists, lawyers, members of and even judges.

Siegfred Deduro, whose quest for a legal remedy to his predicament led to the ruling, welcomed the decision favoring his petition for the issuance of a writ of amparo. Declaring red-tagging as a threat to any person’s life, liberty or security, he said, “refutes the NTF-ELCAC’s assertion that their rampage of red-tagging of activists is a benign exercise of ‘truth-tagging.

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