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Wednesday, November 09, 2005
Prosecutors summon 6 US Marines accused of rape
MANILA -- Prosecutors on Tuesday summoned six US Marines accused of raping a woman after counter-terrorism exercises, in an incident that set off protests and calls for the abrogation of an accord allowing American troops to train in the country.
The alleged rape has cast a shadow on annual war exercises between American and Philippine troops, which have been credited with helping rout Muslim extremists, and has presented President Gloria Macapagal-Arroyo with a new political problem.
Amid almost daily protests, both governments appealed for calm during an investigation and say bilateral ties and joint military exercises will not be affected.
"This is an isolated case that will not affect the strong ties between the Philippines and the United States," Arroyo's spokesman, Ignacio Bunye, said.
At the Department of Justice, Secretary Raul Gonzalez Sr. said Timoteo Soriano, the driver of the van who claimed to have witnessed the rape, could be sued for perjury and as an accomplice if he will retract his statement.
He said Soriano could be charged, not as mere accessory, but as an accomplice because he was present during the gang-rape of the victim but did not do anything to help her.
The prosecutors asked the Marines on Tuesday to submit their replies to a rape complaint filed by the 22-year-old woman during hearings on November 23 and 29 in Olongapo City, northwest of Manila. They will then decide whether to file rape charges, which are punishable by life imprisonment or death, prosecutor Raymond Viray said.
The complaint filed last week alleges the woman was raped in a van on November 1 at the Subic free port, a former US naval base about 80 kilometers northwest of Manila. In her statement, the woman claimed she was raped by one of the Marines, while the others cheered inside the van while it was driving around the sprawling port.
The Marines were identified in summonses released by prosecutors but the US Embassy has refused to confirm their identities.
The embassy has pledged to make the Marines available for investigation.
Secretary Gonzales said that even if the van driver will not testify against the US Marines, government would still have a case against them.
"In rape cases, it is seldom that you have witnesses, but the medico-legal officer is there, the girl is still there, there are still some other physical evidence that we can present in court. Under the Revised Penal Code, we cannot prosecute the offense without the offended party. But under the sexual abuse law, it can become a public offense and can be prosecuted even without the complaint of the offended party," he said.
Arroyo's spokesman Ignacio Bunye appealed to the public to refrain from making any conjecture on the outcome of the rape case filed against six American servicemen.
Bunye said the government would insist on the Philippines' "sovereignty and jurisdiction" over the case as the incident occurred in the country's "territorial jurisdiction and we have criminal jurisdiction here that's why our court should try this case."
He said Visiting Forces Agreement (VFA) Commission executive director Zosimo Jesus Paredes is talking with US officials to resolve the issue on who should have custody of the US servicemen.
Several left-wing activists picketed the foreign affairs department, urging the government to take custody of the Marines to ensure they would not escape prosecution. They held up placards saying, "Prosecute the rapists! US troops out!"
Some lawmakers have sought a review of the VFA, a 1999 accord that allows US soldiers to train here and governs the treatment of those who run afoul of the law. The government has urged Arroyo's critics not to use the issue to score political points.
US Embassy spokesman Matthew Lussenhop defended the accord, saying it has benefited security forces of both countries and provides the legal framework for incidents like the alleged rape. (ECV/JMR/AP/Sunnex)
(November 9, 2005 issue)
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