The facility in Camp Aguinaldo where US Marine Joseph Scott Pemberton is detained
The Philippine government said it was dismayed by Washington's stand, invoking the Visiting Forces Agreement (VFA), formally rejecting the Philippine request to acquire custody of Joseph Scott Pemberton, the Marine charged for the murder of transgender woman Jennifer Laude. Embassy officials on Wednesday inspected the Olongapo City Hall of Justice ahead of the expected appearance of Pemberton, as well as the city jail.
A statement issued by the US embassy in Manila Wednesday said: “In response to a Philippine Government request for custody of Joseph Scott Pemberton, the US Embassy informed the Department of Foreign Affairs on December 17 that the United States will retain custody of Pemberton as provided by the United States-Philippine Visiting Forces Agreement.”
“The VFA states that the United States has the right to retain custody of a suspect from the commission of the alleged offense until completion of all judicial proceedings,” the statement added.
PH dismayed over US rejection of custody request
The Philippine government was dismayed by the US refusal to hand over Pemberton to Filipino authorities.
“We are disappointed that the US has chosen to invoke their rights under the Visiting Forces Agreement to maintain custody of the accused,” a Department of Foreign Affairs statement on Wednesday said.
The VFA – a defense accord between Manila and Washington that allows American troops to train in the Philippines – states that the US has primary custody of its soldiers involved in criminal cases until the completion of all judicial proceedings.
As provided for under the VFA, Manila asked the US to waive their custody over Marine Private First Class Joseph Scott Pemberton, the primary suspect in the killing of 26-year-old Jeffrey “Jennifer” Laude, who was found dead inside a motel in Olongapo City where she was last seen with the US serviceman.
With the US’ denial of Manila’s request for custody, the Philippines said it expects America to honor its obligations under the VFA and to ensure that Pemberton is made available for all required investigation and appearances during court trial.
An arrest warrant was issued by the Olongapo City Regional Trial Court on Tuesday.
The DFA said the US Embassy assured that Pemberton, currently detained in Camp Aguinaldo but under the guard of US military personnel, will comply with the requirement of any investigation or judicial proceedings in accordance with Philippine law.
“PFC Pemberton will remain detained in sovereign Philippine territory, and our Armed Forces will actively participate in ensuring that he remains in the agreed detention facility,” the DFA said.
“We will continue to make the necessary representations in support of the judicial process. We will also remain vigilant in ensuring that the US continues to remain faithful to their obligations under the VFA, to ensure that justice is obtained," it said.
Warrant to be served within scope of VFA, PHL laws - Palace
The enforcement of warrant of arrest on US Marine Scott Pemberton will be done within the Philippines laws and the purview of the VFA, presidential spokesperson Edwin Lacierda said earlier on Wednesday.
”We have to follow the right process right now. There was a warrant of arrest that was issued by the court and so, as a matter of procedure, we have to enforce the warrant,” Lacierda said in a media briefing in Malacanang.
”Now, again, all this should be done within the purview of the VFA,” he said.
Although the VFA provides custody of any American personnel to the US military authorities, Lacierda said still the Philippines should have to issue the warrant of arrest of Pemberton.
”There is the provision of the VFA, but that shouldn’t stop us to formally seek custody of the US serviceman,” Lacierda said.
Lacierda emphasized that the warrant of arrest will be enforced with full coordination with the Department of Foreign Affairs, the VFA and the US Embassy.
”We certainly would hope full cooperation with the US Embassy with respect to this point. But we have to go through the process of the VFA provisions,” he stressed.
On the suggestion of Senator Miriam Defensor-Santiago to detain Pemberton in a city jail where he committed the crime, Lacierda said “we will have to defer to VFA, the DFA and the Department of Justice.”
Justice chief presses for PH custody
Citing the extraordinary circumstances of the crime for which he is charged before a local court in Olongapo City, Department of Justice (DOJ) Secretary Leila de Lima on Wednesday pressed for Philippine custody of US Marine Private First Class Joseph Scott Pemberton.
"There is also a provision in the Visiting Forces Agreement that, in cases of extraordinary circumstances, the Philippine government can insist on the custody and for me, there are enough such circumstances, such as cruelty and treachery, that justified the filing of the murder charges and not homicide," De Lima explained.
It noted that, “Pemberton is being held at a Philippine military base, Camp Aguinaldo, under guard of US military personnel, with perimeter security provided by the Armed Forces of the Philippines.”
At the same time, the embassy said, “The United States will continue to work closely with the Philippine government to help ensure justice is served and the rights of all persons are protected. This includes making the suspect available for all appearances required by the Philippine judicial system.”
The statement is almost the same to one issued by the US embassy on Tuesday, even before the Philippine government, through the Department of Foreign Affairs, made its formal bid for Pemberton’s custody.
Earlier Wednesday, DFA spokesman Charles Jose said they had “served the note verbale demanding custody last night (Tuesday), the same time we served the arrest warrant” issued by the Olongapo regional trial court against Pemberton.
Senator Miriam Defensor-Santiago called on the government to demand custody of Pemberton, saying that the law requires his detention in a regular Philippine jail since he is charged of a crime punishable under the Revised Penal Code.
Santiago also said the VFA allows this.
Embassy officials check out courtroom, city jail
Also on Wednesday, US Embassy officials inspected the Hall of Justice in Olongapo City, ahead of the expected court appearance of Pemberton before RTC Branch 74 either THursday or Friday.
The embassy officials also checked out the Olongapo City Jail in Camp Barreto, said to be one of possible places where Pemberton could be transferred during the pendency of the trial, from his current cell at a special, tightly guarded holding area in Camp Aguinaldo grounds in Quezon City. As of posting time, however, the US government has refused to entertain the notion of transferring custody of Pemberton.
It was learned that the US Embassy has received a copy of the arrest order on Pemberton, soon after the city prosecutor found probable cause to indict him for the Oct. 11 murder of Laude. The transgender was found dead in Room No. 1 of Celzone Lodge, less than an hour after being seen as having checked in with the US Marine.
The Philippine government has also stepped up efforts to obtain full custody of Pemberton, through the Department of Foreign Affairs and the VFA Commission.
http://www.interaksyon.com/article/101348/us-rejects-ph-bid-for-pemberton-custody-embassy-checks-out-olongapo-hall-of-justice-city-jail
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