May 11, 2024 - The Commission on Human Rights (CHR) has lauded the Supreme Court’s (SC) landmark decision that declares “red-tagging, vilification, labelling, and guilt by association” as threats to one’s right to life, liberty, and security. The SC’s decision also recognizes the issuance of a writ of amparo as a direct remedy to address these threats, thereby covering enforced disappearances and extrajudicial killings.
In a society governed by the rule of law, every citizen is entitled to the protection of their fundamental rights. The SC’s decision underscores the importance of safeguarding these rights against any form of unwarranted harassment or intimidation. Practices such as red-tagging not only violate the inherent dignity of individuals but also undermine the fabric of democracy and the rule of law.
The SC’s decision stems from a petition filed by Siegfried Deduro, who experienced red-tagging from military officers. Despite the Regional Trial Court’s initial dismissal of Deduro’s petition due to insufficient evidence, the SC determined that the petition was neither groundless nor lacking in merit.
The SC defined red-tagging as the “use of threats and intimidation to discourage subversive activities”. This definition affirms the subjective and arbitrary nature of red-tagging as a practice and acknowledges the real and immediate dangers faced by those who are labelled in this manner.
The CHR is hopeful that the SC decision will set a strong legal precedent for court cases involving red-tagging. As the country’s national human rights institution, CHR continues to respond to red-tagging issues and has scheduled another national inquiry on red-tagging this year to further engage civil society, the government, and other relevant stakeholders in addressing this persistent issue.
CHR continues to urge 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. This decision is a significant step towards that goal.