US refuses to give RP custody of 4 marines
By Rey E. Requejo and Roy Pelovello, Manila Standard
THE United States has refused to hand over the four US marines accused of raping a Filipina in Subic two months after the Philippines sought their turnover.
The Department of Foreign Affairs (DFA) said it received Washington’s reply on Monday after a series of informal discussions with American diplomats.
In a brief statement, the US embassy in Manila cited provisions of the Visiting Forces Agreement that allow the US military to retain custody of servicemen accused of a crime in the Philippines “until completion of all judicial proceedings.”
“The US government has decided that it will retain custody of four US marines accused of the crime of rape, as allowed under this provision,” the embassy statement said.
Washington’s decision was likely to stir up anti-American sentiment in Congress and in the streets.
Reacting swiftly to US rejection, Senator Miriam Defensor Santiago called for the termination of VFA to enable the Philippines to renegotiate more equitable terms.
“This is no way to treat a coequal state or a valued ally,” she said.
She was joined by three other senators who criticized Washington for disrespecting Philippine laws.
Outside the US embassy, a small group of university students burned a mock American flag and called for the immediate arrest of the four US marines and the withdrawal of American forces in Mindanao for joint military exercises.
The embassy said the US would continue to cooperate with Philippine authorities as the case moves to trial.
“The US remains committed to seeing that justice is served, and looks forward to a fair and impartial process that can provide for a just outcome,” the statement concluded.
The DFA said it has forwarded the US government’s reply to Justice Secretary Raul Gonzalez and is awaiting advice on how to proceed.
The justice department, meanwhile, said it has decided not to serve the warrants of arrest on the four American marines, following the US decision.
Last week, Judge Renato Dilag of the Olongapo City Regional Trial Court Branch 73 issued arrest warrants against the four — Daniel Smith, Keith Silkwood, Chad Carpentier and Dominic Duplantis.
In a letter yesterday, Chief State Prosecutor Jovencito Zuño informed Dilag that the warrants were not served because of the US refusal to turn over the accused servicemen.
Olongapo City Prosecutor Prudencio Jalandoni, however, said the development is not a setback for the prosecution.
Jalandoni said his office would focus on speeding up the scheduled arraignment of the four US soldiers as soon as their petition for a review with the justice department is resolved.
Jalandoni also confirmed yesterday that child rights advocacy counsel Katrina Legarda has backed out as a private lawyer for the complainant.
Santiago, chairman of the legislative oversight committee on VFA, said she had already asked to convene the group to file a concurrent resolution calling for a termination of the controversial agreement.
Senate President Franklin Drilon, Majority Leader Francis Pangilinan and Senator Joker Arroyo joined Santiago in taking the US government to task for not respecting the Philippine judicial system and local laws.
Arroyo warned that the US rejection would backfire on the United States.
“This virtually leaves Congress no choice but to pass a concurrent resolution asking for the termination of the VFA and for a renegotiation... more along the lines of the status of forces agreement (of the US) with Japan, where custody after indictment will automatically accrue to Philippine authorities,” Santiago said.
Drilon and Arroyo agreed.
“I don’t think that the position of the US embassy is justified,” Drilon said. “This offense has nothing to do with the official functions of the US servicemen and therefore justice and equity call for the transfer of custody of these American GIs to Philippine authorities.” With AFP
THE United States has refused to hand over the four US marines accused of raping a Filipina in Subic two months after the Philippines sought their turnover.
The Department of Foreign Affairs (DFA) said it received Washington’s reply on Monday after a series of informal discussions with American diplomats.
In a brief statement, the US embassy in Manila cited provisions of the Visiting Forces Agreement that allow the US military to retain custody of servicemen accused of a crime in the Philippines “until completion of all judicial proceedings.”
“The US government has decided that it will retain custody of four US marines accused of the crime of rape, as allowed under this provision,” the embassy statement said.
Washington’s decision was likely to stir up anti-American sentiment in Congress and in the streets.
Reacting swiftly to US rejection, Senator Miriam Defensor Santiago called for the termination of VFA to enable the Philippines to renegotiate more equitable terms.
“This is no way to treat a coequal state or a valued ally,” she said.
She was joined by three other senators who criticized Washington for disrespecting Philippine laws.
Outside the US embassy, a small group of university students burned a mock American flag and called for the immediate arrest of the four US marines and the withdrawal of American forces in Mindanao for joint military exercises.
The embassy said the US would continue to cooperate with Philippine authorities as the case moves to trial.
“The US remains committed to seeing that justice is served, and looks forward to a fair and impartial process that can provide for a just outcome,” the statement concluded.
The DFA said it has forwarded the US government’s reply to Justice Secretary Raul Gonzalez and is awaiting advice on how to proceed.
The justice department, meanwhile, said it has decided not to serve the warrants of arrest on the four American marines, following the US decision.
Last week, Judge Renato Dilag of the Olongapo City Regional Trial Court Branch 73 issued arrest warrants against the four — Daniel Smith, Keith Silkwood, Chad Carpentier and Dominic Duplantis.
In a letter yesterday, Chief State Prosecutor Jovencito Zuño informed Dilag that the warrants were not served because of the US refusal to turn over the accused servicemen.
Olongapo City Prosecutor Prudencio Jalandoni, however, said the development is not a setback for the prosecution.
Jalandoni said his office would focus on speeding up the scheduled arraignment of the four US soldiers as soon as their petition for a review with the justice department is resolved.
Jalandoni also confirmed yesterday that child rights advocacy counsel Katrina Legarda has backed out as a private lawyer for the complainant.
Santiago, chairman of the legislative oversight committee on VFA, said she had already asked to convene the group to file a concurrent resolution calling for a termination of the controversial agreement.
Senate President Franklin Drilon, Majority Leader Francis Pangilinan and Senator Joker Arroyo joined Santiago in taking the US government to task for not respecting the Philippine judicial system and local laws.
Arroyo warned that the US rejection would backfire on the United States.
“This virtually leaves Congress no choice but to pass a concurrent resolution asking for the termination of the VFA and for a renegotiation... more along the lines of the status of forces agreement (of the US) with Japan, where custody after indictment will automatically accrue to Philippine authorities,” Santiago said.
Drilon and Arroyo agreed.
“I don’t think that the position of the US embassy is justified,” Drilon said. “This offense has nothing to do with the official functions of the US servicemen and therefore justice and equity call for the transfer of custody of these American GIs to Philippine authorities.” With AFP
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