thedrifter
01-24-06, 08:06 AM
US defends self from flak over US Marines’ custody
The Mindanao Daily Mirror, Philippines
The United States defended itself from tirades over its refusal to turn over custody to the Philippines of four US Marines accused of raping a Filipina in Subic last year.
In a press statement, the US embassy said it has “the deepest respect for the sovereignty of its ally, the Philippines” but invoked the Visiting Forces Agreement (VFA) for its decision to maintain custody of the four Marines.
“From the first reports of the alleged rape involving US Marines, US and Philippine authorities have collaborated closely on their respective investigations of the incident. As the case now moves to trial, under Philippine jurisdiction, we will continue to work together under the framework of an important bilateral agreement between our two countries – the Visiting Forces Agreement.”
Senators had earlier submitted a resolution calling for the scrap of the VFA as an offshoot of the rape case.
In Davao City, Mayor Rodrigo Duterte called on the US government to pull out its troops from Mindanao, saying the presence of US soldiers here places Mindanao’s women and children at risk.
North Cotabato Province Governor Emmanuel Piņol, for his part, threatened to cancel the Balikatan joint RP-US military exercises being held in Carmen, North Cotabato if the US government continued to refuse the Philippine government’s request to be granted custody of the four Marines.
In its press statement, the US Embassy said the legal status and treatment of military service members deployed around the world “is a complex matter.”
“Like diplomats, deployed military personnel are representatives and employees of a foreign government, yet their legal status is not covered by the Vienna Conventions. Instead, they are the subject of Status of Forces Agreements (SOFAs), Visiting Forces Agreements (VFAs), and similar negotiated and binding bilateral agreements. These agreements differ from country to country, based on the interests and concerns of both signatories,” the statement said.
It said the VFA, signed by the Philippine and the US governments, “is a mutually beneficial and useful framework that strengthens the foundation of military-to-military cooperation and the security relationship between our two countries. The VFA also clarifies the legal status of visiting U.S. military personnel, and provides a vehicle to address issues that may arise in connection with their temporary presence in the Philippines.”
The statement said since the signing of the VFA in 1998, the US and the Philippines have conducted dozens of joint military exercises, training tens of thousands of US and Philippine soldiers. “These exercises have brought significant humanitarian assistance and community service to the Philippines,” the US embassy said.
“The US and the Philippines share the same goal – we want to see justice done. Rape is a terrible crime, and its perpetrators should be punished whenever and wherever they are found guilty in a fair and impartial trial. We should also remember that it is a core principle of Philippine and American law that anyone accused of a crime is presumed innocent until proven guilty. The U.S. will continue our cooperation with Philippine authorities as this case moves to trial under Philippine jurisdiction, in accordance with the Visiting Forces Agreement,” the statement said.
“We recognize that a case like this stirs strong emotional and political reactions. We believe that the judicial process should take its course in order for justice to be served. The VFA provides the frame-work for that process to move forward, in addition to providing the framework for strengthening military and security cooperation to the benefit of both our coun-tries,” the statement said.
Source: EDITHA Z. CADUAYA
Ellie
The Mindanao Daily Mirror, Philippines
The United States defended itself from tirades over its refusal to turn over custody to the Philippines of four US Marines accused of raping a Filipina in Subic last year.
In a press statement, the US embassy said it has “the deepest respect for the sovereignty of its ally, the Philippines” but invoked the Visiting Forces Agreement (VFA) for its decision to maintain custody of the four Marines.
“From the first reports of the alleged rape involving US Marines, US and Philippine authorities have collaborated closely on their respective investigations of the incident. As the case now moves to trial, under Philippine jurisdiction, we will continue to work together under the framework of an important bilateral agreement between our two countries – the Visiting Forces Agreement.”
Senators had earlier submitted a resolution calling for the scrap of the VFA as an offshoot of the rape case.
In Davao City, Mayor Rodrigo Duterte called on the US government to pull out its troops from Mindanao, saying the presence of US soldiers here places Mindanao’s women and children at risk.
North Cotabato Province Governor Emmanuel Piņol, for his part, threatened to cancel the Balikatan joint RP-US military exercises being held in Carmen, North Cotabato if the US government continued to refuse the Philippine government’s request to be granted custody of the four Marines.
In its press statement, the US Embassy said the legal status and treatment of military service members deployed around the world “is a complex matter.”
“Like diplomats, deployed military personnel are representatives and employees of a foreign government, yet their legal status is not covered by the Vienna Conventions. Instead, they are the subject of Status of Forces Agreements (SOFAs), Visiting Forces Agreements (VFAs), and similar negotiated and binding bilateral agreements. These agreements differ from country to country, based on the interests and concerns of both signatories,” the statement said.
It said the VFA, signed by the Philippine and the US governments, “is a mutually beneficial and useful framework that strengthens the foundation of military-to-military cooperation and the security relationship between our two countries. The VFA also clarifies the legal status of visiting U.S. military personnel, and provides a vehicle to address issues that may arise in connection with their temporary presence in the Philippines.”
The statement said since the signing of the VFA in 1998, the US and the Philippines have conducted dozens of joint military exercises, training tens of thousands of US and Philippine soldiers. “These exercises have brought significant humanitarian assistance and community service to the Philippines,” the US embassy said.
“The US and the Philippines share the same goal – we want to see justice done. Rape is a terrible crime, and its perpetrators should be punished whenever and wherever they are found guilty in a fair and impartial trial. We should also remember that it is a core principle of Philippine and American law that anyone accused of a crime is presumed innocent until proven guilty. The U.S. will continue our cooperation with Philippine authorities as this case moves to trial under Philippine jurisdiction, in accordance with the Visiting Forces Agreement,” the statement said.
“We recognize that a case like this stirs strong emotional and political reactions. We believe that the judicial process should take its course in order for justice to be served. The VFA provides the frame-work for that process to move forward, in addition to providing the framework for strengthening military and security cooperation to the benefit of both our coun-tries,” the statement said.
Source: EDITHA Z. CADUAYA
Ellie