SC: Red-tagging threat to life, liberty, security

MANILA, Philippines —  The Supreme Court (SC) has declared that red-tagging and guilt by association threatens a person’s constitutional right to life, liberty and security.

In a 39-page decision, the SC noted that red-tagging has been acknowledged by international organizations as a form of harassment and intimidation.

Being labeled as “red” often comes with frequent surveillance, direct harassment and, in some instances, eventual death, according to the SC.

The high tribunal noted that being associated with communists or terrorists makes the red-tagged person “a target of vigilantes, paramilitary groups or even state agents.”

“Thus, it is easy to comprehend how a person may, in certain circumstances, develop or harbor fear that being red-tagged places his or her life or security in peril,” the ruling, penned by Associate Justice Rodil Zalameda, stated.

The SC further noted that red-tagging is the use of threats and intimidation to discourage “subversive activities.”

The ruling stemmed from a petition filed by Siegfred Deduro, an activist and former representative of party-list Bayan Muna and a founding member and vice president for the Visayas of Bayan Muna and the Makabayan coalition.

In his petition, Deduro sought the issuance of a writ of amparo, a remedy for those whose right to life, liberty or security has been violated or threatened.

He said military officers under the command of Maj. Gen. Eric Vinoya, the commanding officer of the Philippine Army’s 3rd Infantry Division, red-tagged and accused him of being a ranking member of the Communist Party of the Philippines-New People’s Army (CPP-NPA).

Deduro added that he saw posters with his image alongside other activists where they were labeled as criminals, terrorists and members of the CPP-NPA-National Democratic Front (NDF).

He claimed that there was also an instance when he was followed by unidentified men.

The SC reversed and set aside the ruling of the Iloilo Regional Trial Court (RTC) that dismissed Deduro’s petition, saying that it found prima facie evidence that warranted the issuance of a writ of amparo in his case.

“Petitioner should not be expected to await his own abduction or worse, death, or