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Saturday, November 05, 2005
Justice eyes custody of US soldiers in rape case
MANILA -- Justice Secretary Raul Gonzalez Sr. said Friday government is eyeing taking custody of the six US Marines accused of gang-raping a 22-year-old Filipino woman in Olongapo City Tuesday night.
Gonzalez said he has ordered city prosecutors in Olongapo City to look into the case and the possibility of getting custody of the US soldiers.
Under the recently concluded Visiting Forces Agreement (VFA), the US has "primary jurisdiction" of its soldiers facing criminal cases.
"This is still subject to dialogue between the Department of Foreign Affairs (DFA) and the US. Under the VFA, we basically waive custody to the US except in cases, which are of such importance to our country, in which case we must justify the importance and (submit) a request for transfer of jurisdiction within a period of 20 days. We have the right to ask the US to make them (accused) available for trial," said Gonzales.
Once the transfer of jurisdiction has taken effect, he said the government could now start prosecution of the accused.
In Malacañang, President Gloria Macapagal-Arroyo ordered that justice be given to the victim.
"The instruction of the President is to ensure that justice is done and that proper procedure and (VFA) provisions are properly followed and observed," Executive Secretary Eduardo Ermita said in a telephone interview with Palace reporters.
Ermita said the incident is not likely to affect relations between the Philippines and the US as long as everyone understands that the provisions of the VFA cover the issue.
"I don't foresee any problem and I'm sure this is being handled very well at the level of the foreign affairs (department) and the US embassy," Ermita said.
A report said the woman was in a karaoke bar when the six US Marines invited her to their van.
A few hours later, witnesses said the American soldiers dumped the victim.
Subic Bay Metropolitan Authority (SBMA) chairman Feliciano Salonga said the driver of the van, who he refused to name for security reasons, identified the accused as Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris, and Chad Capent.
The six US Marines were not allowed to leave the country on Thursday, the scheduled departure of their ship. They are being held at the US embassy to answer the rape charges.
Gonzalez said the accused are presumed innocent until proven otherwise. Other than the rape case, the US servicemen have not violated any provision of the VFA, he added.
"I feel disheartened by these developments. But things happen (when) soldiers (are) on their free time. I'm not justifying it. I'm just saying anything can happen. As long as they are not being coddled and the US authorities respond," he said.
Bayan Muna party-list Representative Satur Ocampo, for his part, urged the Arroyo Government not to give "immunity or clemency" to the US Marines.
Ocampo challenged the President to immediately prosecute the US soldiers to the fullest extent of Philippine laws.
"(President) Arroyo should order Foreign Affairs Secretary Alberto Romulo to swiftly take jurisdiction of the incident and the Department of Justice (DOJ) to conduct a summary investigation and file the appropriate charges before a Regional Trial Court (RTC) to prevent the flight of the accused from justice," said Ocampo.
He said, "The nation and the world will be watching the President to find out whether she would dispense justice or just allow the rapists to escape scot-free just like what happened in the past."
Romulo earlier vowed that justice would be rendered to the victim if found that the accused did the crime.
He has instructed officials of the VFA Commission to assist the victim and support efforts of Philippine authorities to investigate, prosecute and try the case.
Romulo also asked the US embassy to make sure that the accused would not be able to leave the country and that, in accordance with the VFA, the accused be made available to Philippine police, investigative and judicial authorities.
He said Philippine authorities would pursue the case with vigor and in accordance with the country's laws and treaty obligations.
According to Ocampo, the rape case by the US Marines in the Philippines is the latest act of US military abuse after Afghanistan, Iraq, Guantanamo and Okinawa. He remembered past abuses committed by US soldiers.
"More such abuses would recur if US military presence and exercises in the Philippines continue," said Ocampo, referring to the reentry of US soldiers under the VFA, the Mutual Logistics and Support Agreement (MLSA) and the Mutual Defense Treaty (MDT) of 1951.
The congressman called for the immediate junking of the VFA, MLSA and MDT as he warned: "If justice would not be given to the victim, more crimes will soon be committed against the Filipinos."
For its part, the US-based militant group Bayan Muna USA criticized the brutal rape committed against a Filipino woman.
Berna Ellorin, public information officer of Bayan Muna based in the US, said the six US Marines should be surrendered to the Philippine authorities and should not be given any immunity since what they have committed is a heinous crime.
"This heinous crime against the Filipino people by the US troops (deserves) nothing less than comprehensive justice. This can only mean all efforts must be exerted by both the US and the Philippine authorities for a full investigation of the alleged perpetrators," she said.
The US soldiers were among the 4,000 to 4,500 US servicemen who participated in the Talon Vision exercises held at the Subic Bay Freeport.
Ermita said Malacañang is letting the Department of Foreign Affairs (DFA) handle the issue, including making statements on the matter.
"I would rather that the spokesperson or the designated official of (Foreign Affairs) Secretary (Alberto) Romulo be the one to give details. But as far as we know, you can be assured that justice will be followed in accordance with our procedures and laws," he said.
Zosimo Jesus Paredes, executive director of the Visiting Forces Agreement Commission (VFACOM), received the report Thursday night.
He said the incident took place on the night of November 1 while the accused on rest and recreation along with other US troops.
Paredes has reportedly said there is strong evidence against the six US servicemen.
Reports quoting Subic Bay Metropolitan Authority (SBMA) administrator Armand Arreza said there are witnesses, including the Filipino driver of the van rented by the soldiers, to the alleged rape. Arreza was also quoted as saying that a condom was found inside the van.
Charges filed Thursday afternoon before the Olongapo prosecutor's office identified the US servicemen as Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris, and Chad Carpenter. Preliminary hearing is set early next week.
The six Marines, who participated in joint counter-terrorism exercises in the Philippines, were barred from boarding their departing ship after a witness identified them as the ones who committed the rape.
US charges d'affaires Paul Jones has said the accused are currently under US custody but declined to reveal their whereabouts.
He said they would be made available to Filipino investigators in accordance with the RP-US Visiting Forces Agreement.
Romulo has instructed the VFACOM to assist the victim and support efforts to investigate, prosecute and try the case. He said he also instructed the VFACOM to make recommendations to avoid a repeat of the incident.
The Talon Vision and Amphibious Landing Exercise 06 was held from Oct. 16 to Nov. 1 and involved 5,000 American and Filipino troops.
The SBMA is extending legal assistance and accommodation to the victim, who hails from Zamboanga and was just vacationing in Subic. Members of the woman's family have started arriving in Subic from Mindanao.
Reports said the victim was in a karaoke bar when she met the Americans, who invited her to their rented van. Witnesses reportedly claimed seeing the woman being dumped unconscious a few hours later from a van to the road. (ECV/JMR/JFF/MSN/Sunnex)
(November 5, 2005 issue)
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