|
Sunday, December 31, 2006
Official defends Smith transfer to US custody
MANILA -- The decision to turn over US Marine Daniel Smith to the US Embassy was "in accordance with the Visiting Forces Agreement (VFA) and conforms the court's decision on his temporary commitment to the Makati City Jail," an official said.
Interior and Local Government Undersecretary Marius Corpus issued the statement amidst threats of suit for the action taken and condemnation from different women's groups.
Sun.Star Network Online's Christmas Special
This, as angry Filipinos burned Saturday an American flag and condemned President Gloria Macapagal-Arroyo as a traitor who should be impeached after her government allowed Smith to be moved from a local jail to American custody.
Corpus supervises the operations of the Bureau of Jail Management and Penology, which runs the Makati City Jail where Smith had been detained.
He said the provisions of the VFA under Article V, Section 6 is clear that "the custody of any US personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with US military authorities, if they so request, to US authorities pursuant to the provisions of the VFA, is an exercise of executive prerogative in the conduct of foreign relations."
"The turnover of (Lance Corporal) Smith to the US military is completely legal and in accordance with the provisions of the VFA," said Corpus.
He said the exercise of the executive prerogative has already been upheld by the Supreme Court (SC) in several rulings, like in the cases of Secretary of Justice v. Lantion and Santos v. Macaraig.
Corpus, likewise, noted that in the case of Bayan Muna v. Zamora, the Supreme Court had stressed "for as long as the US accepts or acknowledges the VFA as a treaty, and binds itself further to comply with its obligations under the treaty, there is indeed marked compliance with the mandate of the Constitution."
"The high court likewise pointed out in the same ruling that the ratification, by the President, of the VFA and the concurrence of the Senate should be taken as a clear and unequivocal expression of our nation's consent to be bound by said treaty, with the concomitant duty to uphold the obligations and responsibilities embodied thereunder," he said.
Smith's detention at the Makati City jail was only a temporary arrangement -- as pointed out clearly in the ruling of Makati Regional Trial Court (RTC) Judge Benjamin Pozon himself -- "pending agreement by appropriate Philippine and US authorities on the 'facilities' where the confinement and detention of the accused shall be carried out," added Corpus.
The DILG official ordered the turnover of Smith to American military officials at the US Embassy in Manila following an agreement signed between Foreign Affairs Secretary Alberto Romulo and US Ambassador Kristie Kenney on December 19.
The accord states that: "The Philippine and US governments agree that, in accordance with the VFA signed between the two nations, US Marine Lance Corporal Daniel Smith be returned to US military custody at the US Embassy in Manila."
A second agreement was also forged between Romulo and Kenney on December 22, which specifies the exact room at the US Embassy in Manila where Smith will be detained while his case is being appealed.
The new accord also states that the Philippine government, the PNP and the DILG would be given "inspection rights" to Smith's detention inside the embassy.
"The second agreement signed by (Ambassador) Kenney and (Foreign
Affairs Secretary) Romulo is meant to assure the Philippines that Smith would not be spirited away while he is detained at the American Embassy here," Corpus noted.
Under the agreement, Smith will be detained at the Rowe (Jusmag)
Building, US Embassy Compound, in a room approximately 10x12 square feet."
It further states that Smith "will be guarded round-the-clock by US military personnel. The Philippine police and jail authorities under the direct supervision of the Philippine DILG will have access to the detention to ensure the US's compliance with the terms of the VFA."
Considering that Smith has already appealed Pozon's decision finding him guilty of the crime of rape and a final decision on this plea has yet to be issued, all judicial proceedings on his case have yet to be completed, so he should legally remain under US military custody as so provided in the VFA, Corpus said.
Smith, sentenced to 40 years in prison earlier this month, will remain in US custody "until the end of legal proceedings" in the case, US embassy spokesman Matthew Lussenhop said in an interview aired on GMA television Friday.
Lussenhop will not say if Smith's transfer meant joint exercises will now resume or which Philippine government agency authorized the transfer.
The United States had cancelled its annual joint military exercises with the Philippines in 2007 in protest at the refusal to hand Smith over, in a blow to government of President Arroyo.
The transfer follows a dispute between the US government and the Philippine courts, which had refused to hand him over to the American embassy as requested.
The case has tested relations between the two nations and challenged the validity of a US-Philippines agreement about the legal rights of American soldiers charged with a crime in the Southeast Asian nation.
The rape case has also sparked street protests and revived anti-American sentiment in the former US colony.
About 80 left-wing activists set a US flag on fire near the heavily guarded US embassy, yelling "Oust GMA, junk VFA," referring to Arroyo's initials and the bilateral accord.
Some carried placards that read: "Stop rape of our women, stop rape of the justice system."
Riot police pushed the protesters back and unsuccessfully tried to arrest some in a brief scuffle. The protesters later left without further incident.
Evalyn Ursua, the lawyer for the 23-year-old rape victim, said Smith's transfer to the US embassy was "a clear rape of our Constitution."
Ursua threatened to sue officials involved in the "midnight transfer" of the US soldier.
Ursua said President Arroyo should be held liable for the transfer without court order. "The move was a criminal act, a culpable violation of the Constitution which our officials are sworn to uphold," she said.
She added that the move is also a possible ground to impeach the President.
"This is a ground for her (President Arroyo) impeachment. They spirited out Smith in the dead of the night, commando-style. The guard was not sleep, the guard helped in the escape, and this has the blessings of the President," said Ursua.
She said they might file the charges on Tuesday when office resumed after the New Year break adding that they might also include officials from the justice, foreign affairs and the interior and local government departments down to the jail warden.
"We will be filing criminal charges, contempt of court and disbarment against all of them because they are culpable of violating our Constitution. We will also file charges against US Embassy officials because they were the ones who hatched the plot in connivance with Philippine officials," she added.
Ursua said "Nicole", the complainant in the case, broke down upon hearing the news. "She (Nicole) cried upon hearing the news and we could only console her that at the very least she was able to prove the guilt of the accused," she said.
Smith was transferred to the US Embassy at 11:00 p.m. Friday. His lawyers denied any involvement in the transfer adding that the US soldier was moved from the Makati City jail.
"It's a government decision. We had nothing to do it with his (Smith) transfer because we are involved only with the legal stuff," said lawyer Joan de Venecia.
When asked about the reaction of their client, de Venecia said they could only surmised that he was happy with the move even as she said Smith was maintaining his innocence of the accusation that he raped Nicole.
"I could only say that he (Smith) was very happy," said the lady lawyer of his client adding that they could not comment that much since it was a government decision.
Women's advocates group condemned the move and revealed plans to take to the streets to protest what they called as an "open defiance against the Philippine judiciary."
"The move smacks of treachery. Like a thief in the night, the Arroyo administration has again betrayed Filipinos. The US and Philippine governments have done another rape of our sovereignty but this time they will feel the wrath of women power," said Gabriela secretary general Emmi de Jesus. (Sunnex)For more Philippine news, visit Sun.Star General Santos. (December 31, 2006 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
|
|
|
[return to top]
[home]
|
|
