US custody for rape suspects violates Charter -- lawyer
By Fernando M. CariasoPeople's Journal
A COUNSEL for the 22-year-old woman allegedly gang-raped by six US servicemen yesterday said President Macapagal-Arroyo would commit a culpable violation of the 1987 Constitution if she allows the United States to continue exercising absolute custody over the accused and their transfer to Okinawa, Japan.
In an e-mail to this paper, lawyer Neri Javier Colmenares of the Counsels for the Defense of Liberties (CODAL) reminded the President that under Sec. 17 and Sec. 5 of Art. VII of the Constitution, she is required to defend the Charter and execute all laws faithfully.
"Under Section 13 of the 1987 Constitution, anyone who commits a crime in the Philippines cannot post bail or be released on recognizance when they commit a capital offense and when the evidence of guilt is strong.
Should a Philippine court find the evidence of guilt strong against the US soldiers, they have to be placed in a Philippine prison like everybody else in similar circumstances," Colmenares said.
Rape is a capital offense and since the rape was allegedly committed by two or more persons, in this case by six US Marines, it is punishable by death under Sec. 11 of RA 7659 or the heinous crimes law, he said.
Allowing the accused to remain in US custody whether here or abroad is "releasing them on recognizance to the US government," which, Colmenares said, is clearly not allowed under the Constitution. He said the Visiting Forces Agreement, or any treaty for that matter, cannot trump the 1987 Constitution. C
olmenares said that the US is in fact violating the VFA by its insistence on having absolute custody of the accused.
"Art. II (of the VFA) states, "It is the duty of the US personnel to respect the laws of the Republic of the Philippines x x x The US Government shall take all measures within its authority to ensure that this is done," he said.
A COUNSEL for the 22-year-old woman allegedly gang-raped by six US servicemen yesterday said President Macapagal-Arroyo would commit a culpable violation of the 1987 Constitution if she allows the United States to continue exercising absolute custody over the accused and their transfer to Okinawa, Japan.
In an e-mail to this paper, lawyer Neri Javier Colmenares of the Counsels for the Defense of Liberties (CODAL) reminded the President that under Sec. 17 and Sec. 5 of Art. VII of the Constitution, she is required to defend the Charter and execute all laws faithfully.
"Under Section 13 of the 1987 Constitution, anyone who commits a crime in the Philippines cannot post bail or be released on recognizance when they commit a capital offense and when the evidence of guilt is strong.
Should a Philippine court find the evidence of guilt strong against the US soldiers, they have to be placed in a Philippine prison like everybody else in similar circumstances," Colmenares said.
Rape is a capital offense and since the rape was allegedly committed by two or more persons, in this case by six US Marines, it is punishable by death under Sec. 11 of RA 7659 or the heinous crimes law, he said.
Allowing the accused to remain in US custody whether here or abroad is "releasing them on recognizance to the US government," which, Colmenares said, is clearly not allowed under the Constitution. He said the Visiting Forces Agreement, or any treaty for that matter, cannot trump the 1987 Constitution. C
olmenares said that the US is in fact violating the VFA by its insistence on having absolute custody of the accused.
"Art. II (of the VFA) states, "It is the duty of the US personnel to respect the laws of the Republic of the Philippines x x x The US Government shall take all measures within its authority to ensure that this is done," he said.
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