Tuesday, January 02, 2007

Filipino Activists Burn U.S. Flag In Manila

MANILA (Mindanao Examiner / 02 Jan) Filipino protesters burned a U.S. flag Tuesday in the Philippine capital as they denounced the transfer of convicted American marine Lance Corporal Daniel Smith to U.S military custody.

Smith was sentenced to 40 years in prison for raping a 23-year old Filipino woman last year in Olongapo City. A local court ordered Smith locked up in Makati City jail Dec. 4, but Filipino government officials took him away late Friday and handed over to the U.S. Embassy.

The woman raped by Smith and militant and women’s groups supporting her were angered by the move and vowed to launch street protests and file charges in court against the Philippine officials.

Dozens of activists belonging to the group KAISA-KA burned the flag as they marched along the busy Manila road called T.M Kalaw.

The U.S. Embassy in Manila said convicted Smith has been transferred from the Makati City jail back to U.S. military custody.
It said the transfer of Smith to U.S. authority is consistent with the terms of the Visiting Forces Agreement (VFA), an international bilateral agreement that is binding on both the United States and the Republic of the Philippines.
Judge Benjamin Pozon, of the Makati Regional Trial Court, previously denied a petition by Smith’s lawyers to transfer him to the U.S. Embassy while they are still appealing the case.

U.S. officials said Article V, Paragraph 6 of the Visiting Forces Agreement specifies: “That custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with the United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings.”
They said that Smith is not a private citizen, and therefore the handling of his case is subject to the terms of the VFA.
The U.S. military last week announced it was suspendending all joint military exercises scheduled for next year because of the court’s refusal to hand over Smith to the American Embassy.

Philippine Interior Secy. Ronaldo Puno on Tuesday defended Smith’s trasnfer to U.S. authorities, saying, the government was just adhering to the provisions of the VFA. “There is nothing illegal here. We are just following what is stipulated in the VFA,” he said.

Lawyers supporting the woman raped by Smith said they would file criminal charges against those responsible in the trasfer of the soldier to U.S. authorities. (Mindanao Examiner)

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