Subic execs misled on VFA -- Gonzalez
JUSTICE Secretary Raul Gonzalez said there may have been a procedural error in the turnover to United States custody of the six US soldiers accused of rape in Olongapo City but he believes it may just have been a “misinterpretation” of the Visiting Forces Agreement (VFA).
Gonzalez said it was not right for the officials of the Subic Bay Metropolitan Authority to have let the soldiers go based on a mere verbal request from the US military attaché who invoked a VFA provision stating that the US had the right to place erring servicemen under its care.
“That should have been done by diplomatic process and not through a verbal request, just because you’re an official of the embassy,” Gonzalez told a Club Intramuros forum on Tuesday.
But he said the turnover of the suspects appeared to have been caused by a mere misinterpretation of the VFA provision on custody of erring servicemen because the agreement does not state clearly that the request for custody be made in writing.
think the proper step should have been for the US Embassy to have requested for custody in writing,” he said.
Gonzalez recounted how he attempted to have the soldiers placed under Philippine custody on November 2 upon being informed of the incident by President Gloria Macapagal-Arroyo.
He said he had requested retired General Jose Calimlim, the SBMA intelligence and investigation chief, to keep the US soldiers under his watch while he sent a prosecutor to conduct an inquest.
But when the prosecutor arrived, the US military attaché had already taken custody of the soldiers, Gonzalez said. Leila B. Salaverria
Gonzalez said it was not right for the officials of the Subic Bay Metropolitan Authority to have let the soldiers go based on a mere verbal request from the US military attaché who invoked a VFA provision stating that the US had the right to place erring servicemen under its care.
“That should have been done by diplomatic process and not through a verbal request, just because you’re an official of the embassy,” Gonzalez told a Club Intramuros forum on Tuesday.
But he said the turnover of the suspects appeared to have been caused by a mere misinterpretation of the VFA provision on custody of erring servicemen because the agreement does not state clearly that the request for custody be made in writing.
think the proper step should have been for the US Embassy to have requested for custody in writing,” he said.
Gonzalez recounted how he attempted to have the soldiers placed under Philippine custody on November 2 upon being informed of the incident by President Gloria Macapagal-Arroyo.
He said he had requested retired General Jose Calimlim, the SBMA intelligence and investigation chief, to keep the US soldiers under his watch while he sent a prosecutor to conduct an inquest.
But when the prosecutor arrived, the US military attaché had already taken custody of the soldiers, Gonzalez said. Leila B. Salaverria
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