Gov't urged to take 'decisive action' on US Marines' custody
By Maila Ager, Tetch Torres, INQ7.net
NOW that a lower court had ordered the arrest of four US Marines accused of rape, legislators at the House of Representatives prodded the government to take "decisive action" on their custody.
But Justice Secretary Raul Gonzalez doubted whether the suspects could be turned over to the Philippines immediately, citing the bilateral Visiting Forces Agreement that gave US authorities the right to put the Marines under their care.
Meanwhile, the US embassy refused to answer questions on the arrest order.
"I cannot speculate on what we might do because we don't have the warrant yet. I understand that there is a judicial procedure and we will take it one step at a time," US embassy spokesperson Matthew Lussenhop said in a phone interview with INQ7.net.
Asked about how the warrant of arrest would affect the Philippine request for custody of Daniel Smith, Keith Silkwood, Dominic Duplantis, and Chad Carpentier, he said, "It remains important that the Philippines and the United States proceed with the terms of obligations of the Visiting Forces Agreement [VFA]. We should work within the terms of the bilateral, negotiated agreement, which we understand Philippine authorities have also emphasized."
A lawyer for the victim acknowledged that "due process" was followed with the issuance of the warrant but said any judgment by a Philippine court would be rendered "ineffective" if the law could not be enforced.
Cebu Representative Antonio Cuenco, head of the committee on foreign affairs, said Friday that the joint congressional oversight committee on the VFA would meet before the end of the month to take a firm stand on the country's claim over the accused.
"The committee will meet to make a decisive action on the issue. We have to put an end to this," he said in a telephone interview.
Cuenco warned that "things would come to a head" if the US government would refuse to surrender the accused to the Philippine authorities despite the arrest order issued by the court.
"The warrant of arrest should be executed immediately. The accused should be detained in a place mutually agreed upon by both parties," he said.
Gabriela women's party-list Representative Liza Maza also demanded the immediate arrest of the Americans.
"The arrest warrant gives the Philippine government more reason to immediately get custody of the four US marines. There should be no more excuses and no more delays," Maza said in a statement.
"The assertion of our sovereign prerogative to attain custody of the four US marines is primary and vital if we are to attain justice in this case," she said.
But Gonzalez noted that the rape case involving the US servicemen was not an ordinary criminal case, with the VFA being a primary consideration.
Gonzalez said he met with Foreign Affairs Undersecretary Rafael Seguis and Chief State Prosecutor Jovencito Zuño and discussed the steps to be taken in serving the arrest warrants and in negotiating for the custody of the four accused through diplomatic channels.
"We are still hoping that the US government will remain as cooperative," Gonzalez said.
Gonzalez said they would have a copy of the arrest warrant issued by Olongapo City regional trial court Judge Renato Dilag on Monday.
He said Zuño would deliver the arrest warrant to the DFA who in turn would negotiate with officials of the US embassy where the four had been detained since November 2, a day after a 22-year-old Filipina accused them of rape inside a van at the former American naval base in Subic in Zambales province.
Meanwhile, Sheila Basar, lawyer of the alleged rape victim, said that while due process was followed, "any judgment by a Philippine court would be ineffective if the laws of the land were not implemented."
"So due process is being followed under Philippine laws. However, how will this be implemented or enforced? It seems that they will follow the VFA provisions," said Basar.
She acknowledged that "harmonizing" domestic laws and the VFA would be a "great problem" in the case of the four US Marines.
Basar cited a provision in the agreement that allowed the Americans to choose their own detention facility. With a report from Veronica Uy
NOW that a lower court had ordered the arrest of four US Marines accused of rape, legislators at the House of Representatives prodded the government to take "decisive action" on their custody.
But Justice Secretary Raul Gonzalez doubted whether the suspects could be turned over to the Philippines immediately, citing the bilateral Visiting Forces Agreement that gave US authorities the right to put the Marines under their care.
Meanwhile, the US embassy refused to answer questions on the arrest order.
"I cannot speculate on what we might do because we don't have the warrant yet. I understand that there is a judicial procedure and we will take it one step at a time," US embassy spokesperson Matthew Lussenhop said in a phone interview with INQ7.net.
Asked about how the warrant of arrest would affect the Philippine request for custody of Daniel Smith, Keith Silkwood, Dominic Duplantis, and Chad Carpentier, he said, "It remains important that the Philippines and the United States proceed with the terms of obligations of the Visiting Forces Agreement [VFA]. We should work within the terms of the bilateral, negotiated agreement, which we understand Philippine authorities have also emphasized."
A lawyer for the victim acknowledged that "due process" was followed with the issuance of the warrant but said any judgment by a Philippine court would be rendered "ineffective" if the law could not be enforced.
Cebu Representative Antonio Cuenco, head of the committee on foreign affairs, said Friday that the joint congressional oversight committee on the VFA would meet before the end of the month to take a firm stand on the country's claim over the accused.
"The committee will meet to make a decisive action on the issue. We have to put an end to this," he said in a telephone interview.
Cuenco warned that "things would come to a head" if the US government would refuse to surrender the accused to the Philippine authorities despite the arrest order issued by the court.
"The warrant of arrest should be executed immediately. The accused should be detained in a place mutually agreed upon by both parties," he said.
Gabriela women's party-list Representative Liza Maza also demanded the immediate arrest of the Americans.
"The arrest warrant gives the Philippine government more reason to immediately get custody of the four US marines. There should be no more excuses and no more delays," Maza said in a statement.
"The assertion of our sovereign prerogative to attain custody of the four US marines is primary and vital if we are to attain justice in this case," she said.
But Gonzalez noted that the rape case involving the US servicemen was not an ordinary criminal case, with the VFA being a primary consideration.
Gonzalez said he met with Foreign Affairs Undersecretary Rafael Seguis and Chief State Prosecutor Jovencito Zuño and discussed the steps to be taken in serving the arrest warrants and in negotiating for the custody of the four accused through diplomatic channels.
"We are still hoping that the US government will remain as cooperative," Gonzalez said.
Gonzalez said they would have a copy of the arrest warrant issued by Olongapo City regional trial court Judge Renato Dilag on Monday.
He said Zuño would deliver the arrest warrant to the DFA who in turn would negotiate with officials of the US embassy where the four had been detained since November 2, a day after a 22-year-old Filipina accused them of rape inside a van at the former American naval base in Subic in Zambales province.
Meanwhile, Sheila Basar, lawyer of the alleged rape victim, said that while due process was followed, "any judgment by a Philippine court would be ineffective if the laws of the land were not implemented."
"So due process is being followed under Philippine laws. However, how will this be implemented or enforced? It seems that they will follow the VFA provisions," said Basar.
She acknowledged that "harmonizing" domestic laws and the VFA would be a "great problem" in the case of the four US Marines.
Basar cited a provision in the agreement that allowed the Americans to choose their own detention facility. With a report from Veronica Uy
posted by OlongapoCity Zambales at
2:12 PM
0 Comments:
Post a Comment
<< Home