Palace says US retains custody of Marine in 'Gapo slay as party-list solons demand handover

From InterAksyon (Oct 14): Palace says US retains custody of Marine in 'Gapo slay as party-list solons demand handover

Malacanang said on Tuesday that the Visiting Forces Agreement allows the United States military to retain custody over the Marine named as a suspect in the killing of Filipino transgender Jefrrey Laude in Olongapo City.

Communications Secretary Herminio Coloma Jr. said the government may “file a manifestation” with American authorities for the custody of Private First Class Joseph Scott Pemberton but addded that the Palace is leaving this decision to the Department of Foreign Affairs.

Coloma made the statement even as lawmakers from the main Leftist bloc in the House of Representatives demanded that the Philippines demand custody of Pemberton, who the Philippine National Police said was positively identified by a witness.

Kabataan Representative Terry Ridon addressed his call to US President Barack Obama, who he said should issue an executive order waiving custody of Pemberton. “The gravity of the crime committed against our fellow countryman demands that no less than the president of the United States take action immediately,” Ridon said.

Bayan Muna Representative Neri Colmenares, on the other hand, harked back to the case of another US Marine, Daniel Smith, who was convicted of raping the Filipina “Nicole” but spirited out of the Makati City jail by Philippine authorities and handed back to the Americans. Smith was later acquitted by the Court of Appeals after Nicole issued a statement saying she could not recall if she was raped or not, which was widely reported as a retraction.

“The custody of Pfc. Joseph Scott Pemberton should be with the Philippine government.  The suspect should not be protected like the US soldier Daniel Smith in the case of Nicole,” Colmenares said.

"If we read the VFA, there is a particular section under Article 5 on criminal jurisidiction. We have to distinguish criminal jurisdiction from custody," Coloma said at a briefing aired over Radyo ng Bayan. "The Philippines has criminal jurisdiction on instances where Philippine laws have been violated. But on the aspect of custody, according to the VFA, the United States government has custody rights."

"The Philippines can make a manifestation on our position on the issue of custody. We will leave it up to the Department of Foreign Affairs," Coloma added.

At the same time, he said: "According to Undersecretary Eduardo Oban of the VFA Commission, the Philippine and US governments have agreed on the importance of a thorough investigation so that the ends of justice will be served."

Coloma added that President Benigno Aquino III views the case "seriously."

"As the Chief Executive, he looks at this case seriously and he wants our government to do what is right," he said.

Explaining why Obama could allow Philippine custody of Pemberton, Ridon explained that since “the VFA is an executive agreement on part of the US, I believe it is in the power of the US president to waive custody of the suspect in favor of the Philippines."

“The Aquino administration must not allow the US to once again undermine our sovereignty by keeping the US serviceman accused of killing Ms. Laude in the US military’s custody while investigations and subsequent criminal proceedings transpire. Aquino should remember how the US military belittled our judicial system in the case of Lance Corporal Daniel Smith back in 2005," he added.

Colmenares said the murder of Laude proves that the VFA and the recently signed Enhanced Defense Cooperation Agreement (EDCA), which allows increased American military presence in the country, are one-sided pacts that favor only the US.

"We have seen how Filipinos can become helpless victims by US military forces in our very own country under the unequal agreements like VFA and EDCA,” he said.

His fellow Bayan Muna Representative Carlos Zarate called for the abrogation of EDCA, warning that the Laude murder “may just be the start of more abuses for US troops.”

“This is also the reason why we are urging the Supreme Court to junk the EDCA. It is not only unconstitutional and unequal, but most importantly will subvert our justice system and sovereignty,” he said.

In a separate statement, Representative Sherwin Tugna of the Citizens Battle Against Corruption party-list urged the family of Laude to file a case against Pemberton so that a formal investigation could begin.

“I can understand the sentiments of the bereaved but first things first, the family has to file a formal complaint so the case can move immediately,” Tugna said.

He also said the active participation and cooperation of the US embassy in Manila would help not only in the quick resolution of the case but in calming the sentiments of people "because this will show the sincere respect of both our countries to the rules law."

Tugna acknowledged that the Laude murder highlighted the issue of custody under the EDCA and VFA.

“This kind of incident must push the government authorities to renegotiate the terms of treaties and other executive agreements our country has entered into.  We must identify incidents and crimes which custody over US personnel offenders be turned over to Philippine authorities," he said.

"This action will need strong political will because we then have to go back to the drawing table with the US government and ensure that protection is given to Filipinos," Tugna added.

http://www.interaksyon.com/article/97262/palace-says-us-retains-custody-of-marine-in-gapo-slay-as-party-list-solons-demand-handover