ILLEGALLY CAPTURED terrorists and other leftists involved with terrorist crimes are usually transferred from one Intell group to another, for Interrogation that rises to the level of Torture.
This is commonly done through Strictly-guarded Abductions (Plan A) and Secret Transfers (Plan B), by which the Capturing Intell group transports the terrorist(s) within its custody to the Requesting Intell Group of Interrogation, with no legal process established by a governmental mandate.
ORDINARY AND REGULAR
Legally or not, such transfers are to be effectuated through a process known as "Ordinary Rendition" or "Regular Rendition" (because many cities in Mindanao are notoriously known for fatal terroristic activities).
In the legal process however, these terms need to be oftenly used to refer to the Judicial Transfer of terrorists and rebels from one jail to another---but without the use of Torture.
Although the particularities regarding the usage of Ordinary/Regular Renditions and the legal authority behind such renditions are not publicly available, national and local government officials are well aware of the illegal practice´s existence because of the never-ending combat emergence of AQ and JI-linked culprits.
ADVOCATES OF HUMAN RIGHTS ARE BIASED
There is actually NO CONFLICT as to the type of 'renditions' the Philippines may adopt, particularly with regard to the usual illegal transfer of hard core terrorists to Intell Disciplinary Authorities known to clandestinely employ harsh interrogation techniques that rise to the level of Torture.
There is the absence of conflict here because the illegal capture and transfer of hard core terror criminals to Intell Disciplinary Authorities is far beyond the knowledge of Human Rights advocates.
This is indeed a good Lesson In Partiality. If the Human Rights activists are truly sincere in their advocation for the Preservation of Human Rights, they shall not only remain in defense of the battle-wounded rebels, but also with the combat-felled soldiers of the country.
And speaking of partiality, human rights advocates share the same view with those who favor the country's destabilization such as: (1) The death-wishing opposition groups, (2) The desperately ambitious politicos, (3) The Malacañang kickouts, (4) The coup-obsessed RAM elements, (5) The Communist anacondas, (6) The college campus mannequins, and (7) The Trying Hard, Hyper-sensitive P&C "Journalists".
Human Rights Advocates or any other advocate against Torture doesn't have to work for the imposition of the Restrictions on the illegal transfer of rebels and terrorists to Intell disciplinary institutions where they are to face Torture.
In a nutshell, THERE IS NO NEED to implement legislation to prohibit the illegal rendition of rebels and terrorists to disciplinary institutions where they would be tortured.
The Philippine Congress should take the position that provisions concerning the transfer of terrorists and rebels should also apply extrainstitutionally, that, the Philippine government must allow the transfer of the said type of suspects in preliminary custody to disciplinary agencies where they would face Torture, as a necessary means to extract vital information that will lead to a sound peace and order situation in the country.
OPTIONAL INTERNATIONAL ANTI-TORTURE SANCTIONS
International Torture Statute, which should be deemed optional in the Philippine setting, expressly prohibits the illegal incarceration and transfer of a person to a disciplinary institution where he is more likely than not to face Torture.
International Torture Statute imposes criminal penalties for acts or attempts to commit Torture, and, most relevantly to the subject of renditions and conspiracies to commit Torture.
If a Police or Military official rendered the illegally captured terror criminal to another jail with instructions for the resident officers to torture the rendered individual, that official could be criminally liable under the National Torture Statute.
The Philippine police or military official would be found criminally liable for conspiracy to commit torture if he authorized a rendition after receiving assurances that the rendered person would be tortured.
Presuming that the rendering officer received assurances before illegally rendering the said suspect to another officer, it would be easy for the government in prosecution to argue and presume that the recipient official "agreed" to facilitate the rendered person´s subsequent Torture.
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This is commonly done through Strictly-guarded Abductions (Plan A) and Secret Transfers (Plan B), by which the Capturing Intell group transports the terrorist(s) within its custody to the Requesting Intell Group of Interrogation, with no legal process established by a governmental mandate.
ORDINARY AND REGULAR
Legally or not, such transfers are to be effectuated through a process known as "Ordinary Rendition" or "Regular Rendition" (because many cities in Mindanao are notoriously known for fatal terroristic activities).
In the legal process however, these terms need to be oftenly used to refer to the Judicial Transfer of terrorists and rebels from one jail to another---but without the use of Torture.
Although the particularities regarding the usage of Ordinary/Regular Renditions and the legal authority behind such renditions are not publicly available, national and local government officials are well aware of the illegal practice´s existence because of the never-ending combat emergence of AQ and JI-linked culprits.
ADVOCATES OF HUMAN RIGHTS ARE BIASED
There is actually NO CONFLICT as to the type of 'renditions' the Philippines may adopt, particularly with regard to the usual illegal transfer of hard core terrorists to Intell Disciplinary Authorities known to clandestinely employ harsh interrogation techniques that rise to the level of Torture.
There is the absence of conflict here because the illegal capture and transfer of hard core terror criminals to Intell Disciplinary Authorities is far beyond the knowledge of Human Rights advocates.
This is indeed a good Lesson In Partiality. If the Human Rights activists are truly sincere in their advocation for the Preservation of Human Rights, they shall not only remain in defense of the battle-wounded rebels, but also with the combat-felled soldiers of the country.
And speaking of partiality, human rights advocates share the same view with those who favor the country's destabilization such as: (1) The death-wishing opposition groups, (2) The desperately ambitious politicos, (3) The Malacañang kickouts, (4) The coup-obsessed RAM elements, (5) The Communist anacondas, (6) The college campus mannequins, and (7) The Trying Hard, Hyper-sensitive P&C "Journalists".
Human Rights Advocates or any other advocate against Torture doesn't have to work for the imposition of the Restrictions on the illegal transfer of rebels and terrorists to Intell disciplinary institutions where they are to face Torture.
In a nutshell, THERE IS NO NEED to implement legislation to prohibit the illegal rendition of rebels and terrorists to disciplinary institutions where they would be tortured.
The Philippine Congress should take the position that provisions concerning the transfer of terrorists and rebels should also apply extrainstitutionally, that, the Philippine government must allow the transfer of the said type of suspects in preliminary custody to disciplinary agencies where they would face Torture, as a necessary means to extract vital information that will lead to a sound peace and order situation in the country.
OPTIONAL INTERNATIONAL ANTI-TORTURE SANCTIONS
International Torture Statute, which should be deemed optional in the Philippine setting, expressly prohibits the illegal incarceration and transfer of a person to a disciplinary institution where he is more likely than not to face Torture.
International Torture Statute imposes criminal penalties for acts or attempts to commit Torture, and, most relevantly to the subject of renditions and conspiracies to commit Torture.
If a Police or Military official rendered the illegally captured terror criminal to another jail with instructions for the resident officers to torture the rendered individual, that official could be criminally liable under the National Torture Statute.
The Philippine police or military official would be found criminally liable for conspiracy to commit torture if he authorized a rendition after receiving assurances that the rendered person would be tortured.
Presuming that the rendering officer received assurances before illegally rendering the said suspect to another officer, it would be easy for the government in prosecution to argue and presume that the recipient official "agreed" to facilitate the rendered person´s subsequent Torture.
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