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Saturday, December 23, 2006
US cancels military exercise over custody dispute
MANILA -- The United States has canceled large-scale military maneuvers in the Philippines in a thorny dispute over custody of a US Marine while he appeals a rape conviction, officials said Friday.
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The Balikatan 2007 exercise, scheduled to be held in February, "has been canceled due to the current custody issue that's still working its way through the Philippine judicial system," US Embassy spokesman Matthew Lussenhop said.
Lussenhop said other smaller exercises, including humanitarian missions in the restive south involving American servicemen, will continue, but "we will be reviewing other US military activities as this case goes forward."
The Court of Appeals on Tuesday rejected a petition by Lance Cpl. Daniel Smith to be transferred immediately from a Manila jail to the custody of the US Embassy while he appeals his conviction.
Smith, 21, of St. Louis, Missouri, earlier sought a temporary restraining order against the decision by Judge Benjamin Pozon to detain him at the suburban Makati city jail during his appeal. He was convicted December 4 of rape and sentenced to 40 years in prison.
Three other Marines were acquitted in the case. All four were in US Embassy custody during the trial that stirred anti-American feelings in this former US colony.
Lussenhop said the cancellation of the Balikatan (or shoulder-to-shoulder) field exercises was announced by Admiral William Fallon, commander of the US Pacific Command.
"It's (due to) the custody issue and the feeling of the US government that until the Philippine government courts can ensure that the Philippines is in full compliance with the VFA, it will be imprudent to bring additional troops for exercises or all these activities at this time," Lussenhop added.
He was referring to the Visiting Forces Agreement, or VFA, that governs the conduct of US troops in the Philippines, interpretations of which are now under dispute.
The yearly Balikatan exercises -- which bring 3,000-5,000 US servicemen to the Philippines -- have helped train Filipino soldiers in counter-terrorism, particularly in the south where al-Qaida-linked militants are active.
Lussenhop could not confirm a New York Times online article that quoted Fallon as saying he also has canceled a number of visits by American ships and has ordered the withdrawal of an aid team assessing needs of a typhoon-ravaged area in the Philippines.
Smith's lawyers, the US Embassy and the Philippine departments of justice and foreign affairs have agreed that Smith's current detention violates the 1998 VFA. A provision says any accused US serviceman shall remain in US custody until all judicial proceedings are exhausted.
Pozon said the provision applies only during "the judicial proceedings in the trial court" and expires upon a defendant's conviction, regardless of a pending appeal.
The appeals court rejected Smith's petition before it reviewed Pozon's directive, saying that granting a restraining order immediately would amount to reversing Pozon's order "without the benefit of a full-blown deliberation on the main issue."
There was no immediate Philippine government comment on cancellation of the exercise.
US Ambassador Kristie Kenney told ABS-CBN television that she was not complaining about the verdict but that the VFA is "important for the credibility of the Philippines throughout the world."
"At this point it's really just a question of complying with the very last piece (of the agreement)," she added. (AP)For more Philippine news, visit Sun.Star Zamboanga. (December 23, 2006 issue)
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