tag:blogger.com,1999:blog-14974164.post6482136871035827199..comments2023-10-20T21:46:49.945+08:00Comments on Philippine Commentary: Nene Pimentel Defends the Terrorist's Bill of Rights (aka Human Security Act of 2007)Deany Bocobohttp://www.blogger.com/profile/01443168826029321831noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-14974164.post-77672129729592031172007-10-26T17:32:00.000+08:002007-10-26T17:32:00.000+08:00Well, i get it better now. thanks!Well, i get it better now. thanks!Cocoyhttps://www.blogger.com/profile/03079637494529705906noreply@blogger.comtag:blogger.com,1999:blog-14974164.post-9553218844717478872007-10-26T17:23:00.000+08:002007-10-26T17:23:00.000+08:00cocoy,consider the case of the mafia again, never ...cocoy,<BR/>consider the case of the mafia again, never mind al capone. before the rico statutes were enacted, it was very frustrating for law enforcement because organized crime families always insulated the mafia bosses (capi) from the foot soldiers (soldati) by having several layers of sub-bosses (capos) between the master minds and the enforcers. Thus, police could never get at the masterminds since they were never even the ones who gave direct orders for the crimes like murder, illegal gambling, bootlegging and extortion, etc. <BR/><BR/>It was only when the organized nature of a mafia family itself was recognized that such bosses could be arrested for the crimes committed by the soldiers.<BR/><BR/>This is what inspired us to apply the idea of rico to terrorism as a form of organized crime for political purposes, where the rico statutes criminalize organized crime for economic purposes.<BR/><BR/>this way, someone like joma can be held responsible for acts of the npa half way around the world, if and when cpp npa are declared terrorist organizations, as they have been by the US and the EU.<BR/><BR/>thanks for the observations.<BR/><BR/>Thus "ordinary" murder under the revised penal code is punished less than murder committed for terroristic purposes to coerce the govt to give in to unlawful, usually unconstitutional, demands such as giving up territory. <BR/><BR/>It is the purposes for which murder done by terrorists that we are seeking to punish and prevent with higher penalties. <BR/><BR/>Ordinary murderers usually do it out of passion or greed, not to overthrow a govt or social system.Deany Bocobohttps://www.blogger.com/profile/01443168826029321831noreply@blogger.comtag:blogger.com,1999:blog-14974164.post-88595516829692298592007-10-26T08:43:00.000+08:002007-10-26T08:43:00.000+08:00djb, interesting about the whole mafia analogy--- ...djb, <BR/><BR/>interesting about the whole mafia analogy--- which i think is right on. i have a question though. i remember reading, wasn't Al Capone sentenced not because of his Mafia activities but because of tax evasion. Couldn't say, a conviction, any conviction for that matter that lands these people in jail, is for the lack of a better term "good enough"? somewhat like a fallback position for our law enforcement people? the point that i'm trying to make is to do what it takes to get justice.<BR/><BR/>i do get your point and i very much agree with you that there must be a definition for terrorism and equal punishment because of the severity of the crime is so brutal, it can not go unpunished. That said, I think terrorists, often just hide behind their "ideology" and at the heart of the matter don't recognize bargaining, negotiation or proper discourse, they just want to see destruction and we've got to go straight on and cut the head of this beast. Our law enforcement and military would have to have all the proper tools at their disposal to fight this and we shouldn't tie their hands especially when they have a job to do.Cocoyhttps://www.blogger.com/profile/03079637494529705906noreply@blogger.comtag:blogger.com,1999:blog-14974164.post-65370008970913436072007-10-25T22:02:00.000+08:002007-10-25T22:02:00.000+08:00cocoy,my take on it is that terrorism is like orga...cocoy,<BR/>my take on it is that terrorism is like organized crime. Just as the Mafia commits all sorts of component crimes, like murder, extortion, etc. the whole "family" is yet greater than the sum of the parts. thus the way terrorism is defined in the RP, there has to be crime against the revised penal code committed, but with a greater objective of advancing whatever the greater political or ideological cause happens to be. while it is true we can prosecute the component crimes, we would be missing the greater point if that is all we did. We have to go after the motivating center, the head so to speak of the arms and legs that are doing the dirty deeds.Deany Bocobohttps://www.blogger.com/profile/01443168826029321831noreply@blogger.comtag:blogger.com,1999:blog-14974164.post-32968937796539249742007-10-25T13:35:00.000+08:002007-10-25T13:35:00.000+08:00Wait you mean to say... that suppose the glorietta...Wait you mean to say... that suppose the glorietta thing wasn't a gas explosion, but an actual terrorist action-- the government can't use the "powers" of the human security act? <BR/><BR/>why do we have a law that say a thing is a crime for X number of days in a year, and not for certain days? you're right, it's like saying, its hunting season! if terrorism is a crime, then it should be punished all the time. it should protect ordinary citizens who become sheep for slaughter. <BR/><BR/>if we already have a law called the revised penal code... why then did we have to have our lawmakers write this hsa, when the old one is "good enough"? why not just amend the old one?<BR/><BR/>you're right, this is all so idiotic. if there is a need to make a better law, then it should be done as soon as possible. it should be made and that law should help government hunt down those who slaughter ordinary citizens.Cocoyhttps://www.blogger.com/profile/03079637494529705906noreply@blogger.com