CAT/C/PHL/CO/2 Page 5 Human rights defenders and other individuals at risk 11. The Committee notes with concern the numerous documented reports of harassment and violence against human rights defenders that hamper the capacity of civil society monitoring groups to function effectively. The Committee is also concerned at reports that others are also commonly victims of serious human rights violations, including torture, ill-treatment, killings, disappearances and harassment. Among those so affected are indigenous rights defenders, such as Lumads of Mindanao and Igorots of the Cordillera, trade union and peasant activists, journalists and reporters, medical personnel, and religious leaders. (arts. 2, 12 and 16) The State party should take all necessary steps to ensure that all persons, including those monitoring human rights, are protected from any intimidation or violence as a result of their activities and exercise of human rights guarantees, to ensure the prompt, impartial and effective investigation of such acts, and to prosecute and punish perpetrators with penalties appropriate to the nature of those acts. Recalling the Committee’s general comment No. 2 (CAT/C/GC/2, para. 21), the State party should ensure the protection of members of groups especially at risk of ill-treatment, including by prosecuting and punishing all acts of violence and abuses against such individuals and ensuring implementation of positive measures of prevention and protection. De facto practice of detention of suspects 12. The Committee is deeply concerned about the de facto practice of detention of suspects by the PNP and the Armed Forces of the Philippines (AFP) in detention centres, safe houses and military camps. Although authorities are required to file charges within 12 to 36 hours of arrests made without warrants, depending on the seriousness of the crime, lengthy pre-trial detention remains a problem, due to the slow judicial process. The use of arrests without warrants is reportedly extensive, and criminal suspects are at risk of torture and ill-treatment. Arrests without a warrant and the lack of judicial oversight on the legality of detention can facilitate torture and ill-treatment. (arts. 2 and 11) The State party should take all necessary measures to address the de facto practice of detention of suspects by the PNP and the AFP, especially lengthy pre-trial detention and arrests without warrants. In this respect, the State party should take all appropriate measures to further reduce the duration of detention in custody and detention before charges are brought, and develop and implement alternatives to deprivation of liberty, including probation, mediation, community service or suspended sentences. Terrorism legislation 13. The Committee recognizes the difficult situation arising from the internal armed conflict in the Philippines and that the State party is faced with a long-lasting insurgency. However, the Committee is concerned about the 2007 Human Security Act (RA 9372) which has been criticized for its overly broad definition of “terrorist crimes”, the strict application of a penalty of 40 years of imprisonment, the competence of various bodies authorized to review the detention of an individual, and the restrictions on movement. The Committee is also concerned that the Act allows for suspects to be detained without warrant or charge for up to 72 hours. (arts. 2 and 16)