Some background on the Philippines Indonesian Terrorists Arrest.

Philippines doesn't have an Internal Security Act (ISA) like Singapore & Malaysia - but instead are using a 1940's immigration act patterned after US immigration law as a tool to hold suspected terrorists.

Philippines using old immigration law to hold foreign terror suspects

P. Parameswaran
Copyright 2002 by Agence France-Presse (via ClariNet)

MANILA, March 22 (AFP) - The Philippines is using an old but powerful immigration law to keep suspected foreign terrorists in jail indefinitely in the absence of anti-terrorism legislation, officials say.

At least 11 foreign suspects are languishing in prison for breaking immigration laws even though they were primarily charged with the more serious offence of possession of explosives.

Officials said the 60-year-old Philippine Immigration Act had proved useful following the September 11 terror attacks in the United States.

Since then, the authorities have arrested four Middle Eastern nationals, four Indonesians, two Vietnamese and one Japanese.

Some of them are believed to be linked to the al-Qaeda network of Saudi militant Osama bin Laden.

While lacking the Internal Security Act (ISA) of neighbouring Malaysia and Singapore, which allows indefinite detention without trial, Immigration Commissioner Andrea Domingo has blanket powers to detain a foreigner believed to have violated conditions of entry.

"While the ISA can cover both locals and foreigners, the Philippine Immigration Act can be used against foreigners only," Winnie Quidato, the immigration department's chief investigative officer, told AFP.

Malaysia is holding under the ISA more than 30 people involved in a militant group called KMM, which is allegedly made up of members trained in Afghanistan to overthrow the government by force.

Singapore has also used its own ISA to detain 13 members of an umbrella militant group called Jemaah Islamiyah, believed to be al-Qaeda's Southeast Asian chapter.

Quidato said the Philippine law, modelled on US immigration law, was promulgated in 1940 when Manila was still a US colony.

It was expected to be used against three Indonesians arrested in Manila last week on suspicion of being involved in terrorism, he added.

They have been charged with illegal possession of explosives -- but without the immigration law they would have obtained provisional liberty.

Agus Dwikarna, Tamsil Linrung and Abdul Jammal Balsas signed papers late Thursday to post bail of 200,000 pesos (3,921 dollars), officials said.

But it is understood Domingo has asked the police not to free the trio, as they were technically under the custody of the immigration bureau.

Philippine police say Dwikarna had admitted being a member of the Jemaah Islamiyah and all three had reportedly met with associates of another Indonesian, Fathur Rohman al-Ghozi, being detained here for illegal possession of one tonne of explosives.

Al-Ghozi, who allegedly worked for the Jemaah Islamiyah, is also being held under the immigration law after charges brought against him of possessing explosives were thrown out due to lack of evidence.

Triyogo Jatmiko, the Indonesian embassy's press attache, said Dwikarna had told him at a meeting at his detention centre this week that he was never a member of Jemaah Islamiyah.

"He denied that he had come here for any suspicious activities and said his visit here is purely for business interests," Jatmiko told AFP.

A foreign ministry ministry spokesman in Jakarta said the Indonesians were due to stand trial in Manila on April 3 and have hired their own local lawyers instead of using one provided by a court.

"The government is taking steps to make sure that the rights of our citizens are respected in the judicial process," spokesman Marty Natalegawa said.

Domingo said the Philippine authorities could not afford to take lightly cases of possession of explosives.

"Even those who are safekeeping the explosives for them, we regard them as terrorists and supporters of terrorists," she said.

Al-Ghozi has been convicted of possession of illegal explosives and false passports with more convictions coming. Looks like they have lots of evidence to hold Agus Dwikarna.....but his associates, Abdul Jamas Balfas & Tamsil Linrung.... have already been released due to pressure from Indonesia.....so in that case the Philippines Immigration law wasn't much help....Jen