MANILA, Philippines - The Stop the War Coalition-Philippines, a broad network of over 80 civil society organizations, today expressed its “partial approval” at the Supreme Court’s decision to order the transfer of convicted rapist US soldier Daniel Smith to Philippine authorities even as it continued to challenge the constitutionality of the Visiting Forces Agreement.
“This is a partial victory for all those who’ve been fighting for justice for Nicole and for all those who’ve been fighting for the sovereignty of the Philippines,” said lawyer Corazon Fabros, one of the coalition’s spokespersons.
“However it is only partial because the Visiting Forces Agreement should have been declared unconstitutional,” Fabros added, while pointing out that the transfer of custody could prompt the United States to revisit the agreement.
“What the US wants through the VFA is to put its soldiers above the law, beyond the reach of local authorities,” Fabros explained. “By preventing this, the Supreme Court has struck at the heart of the VFA’s ability to give immunity to US troops.”
Meanwhile, the Stop the War Coalition reiterated its demand for an impartial investigation into what it calls the “obvious and undeniable” US basing in the southern Philippines.
“The existence of then US Special Forces’ Joint Special Operations Task Force-Philippines base in Zamboanga City can no longer be denied; it is there for everyone to see,” says Fabros. “Its existence is an affront to the Constitution and it is high time the government – and the Supreme Court – step in to stop this continuing attack on the rule of law.”
The Stop the War Coalition-Philippines claims there is “incontrovertible proof” that the US has effectively re-established US basing in the country since 2002.
“Unless this illegal basing is ended, there may be more Nicoles in the future,” Fabros warned.
Showing posts with label Lance Corporal Daniel Smith. Show all posts
Showing posts with label Lance Corporal Daniel Smith. Show all posts
Wednesday, February 11, 2009
Wednesday, January 03, 2007
GMA Defends Transfer Of Convicted Marine To US Custody
MANILA - President Gloria Arroyo said convicted rapist Lance Cpl. Daniel Smith was transferred to the custody of the US embassy to avert the further erosion of the country’s strategic relations with the US over the non-compliance by the Philippine government of its treaty obligation under the Visiting Forces Agreement (VFA).
The President said Smith’s transfer to the custody of US authorities "will not affect the substantive issues at bar, nor impede justice and the rule of law."
Convicted by the Makati City Regional Trial Court (RTC) for raping a 23-year old Filipino and sentenced to life imprisonment, Smith has appealed his conviction.
President Arroyo said she is prepared to meet all legal challenges to the government action on the Smith case, and "we are confident that its legitimacy and wisdom will be upheld."
“This difficult decision was made and taken with only the best interest of the Philippines in mind. I therefore ask all Filipinos to stand by it and to stand behind our alliance with the United States to fight terror and poverty,” the President said in a statement.
“I wish to appeal for understanding from the people that this action will not affect the substantive issues at bar, nor impede justice and the rule of law.”
“The government had to take this action in order to forestall the further deterioration in our strategic relationship with the United States, which was being rapidly eroded by our non-compliance with the Visiting Forces Agreement,” she said.
She said this difficult decision was made and taken with only the best of the Philippines in mind.
“The Executive Branch is prepared to face legal challenges to this decision and we are confident that its legitimacy and wisdom will be upheld.”
“I therefore ask all Filipinos to stand by it and to stand behind our alliance with the United States to fight terror and poverty,” the President said.
The President said Smith’s transfer to the custody of US authorities "will not affect the substantive issues at bar, nor impede justice and the rule of law."
Convicted by the Makati City Regional Trial Court (RTC) for raping a 23-year old Filipino and sentenced to life imprisonment, Smith has appealed his conviction.
President Arroyo said she is prepared to meet all legal challenges to the government action on the Smith case, and "we are confident that its legitimacy and wisdom will be upheld."
“This difficult decision was made and taken with only the best interest of the Philippines in mind. I therefore ask all Filipinos to stand by it and to stand behind our alliance with the United States to fight terror and poverty,” the President said in a statement.
“I wish to appeal for understanding from the people that this action will not affect the substantive issues at bar, nor impede justice and the rule of law.”
“The government had to take this action in order to forestall the further deterioration in our strategic relationship with the United States, which was being rapidly eroded by our non-compliance with the Visiting Forces Agreement,” she said.
She said this difficult decision was made and taken with only the best of the Philippines in mind.
“The Executive Branch is prepared to face legal challenges to this decision and we are confident that its legitimacy and wisdom will be upheld.”
“I therefore ask all Filipinos to stand by it and to stand behind our alliance with the United States to fight terror and poverty,” the President said.
Tuesday, January 02, 2007
After Getting Back Convicted American Soldier, U.S. Resumes War Games With Philippines
MANILA (Mindanao Examiner/ 02 Jan) - The United States Embassy in Manila on Tuesday announced the resumption of suspended joint war exercise with the Philippines, four days after an American soldier convicted of raping a Filipino woman, was handed to U.S. authorities.
American marine Lance Corporal Daniel Smith had been transfered to U.S military custody late Friday after Filipino government officials whisked him away from the Makati City jail.
A local court ordered Smith locked up in jail Dec. 4 after he was found guilty of raping the 23-year old woman last year in Olongapo City.
"We look forward to resuming the Balikatan," said U.S. Embassy spokesman Matthew Lussenhop. "Balikatan should move forward now that the custody issue is resolved," he said.
The U.S. military announced Dec. 22 that suspension of the war games after Judge Benjamin Pozon, of the Makati Regional Trial Court, denied a petition by Smith’s lawyers to transfer him to the U.S. Embassy.
Lussenhop said they were also disappointed by the suspension of the Balikatan, which means shoulder-to-shoulder, the codename for the annual joint military exercises between the Philippines and the United States.
"We're disappointed with the cancellation of the Balikatan as well. We did not raise any issue about the (court's) verdict, but the custody issue," Lussenhop said.
Filipino activists on Tuesday also burned a U.S. flag while marching in Manila to protest Smith's transfer to U.S. authorities.
Dozens of protesters from the militant group called KAISA-KA torched the flag as they marched along the busy Manila road, T.M Kalaw.
The U.S. Embassy 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 Philippines.
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.
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)
American marine Lance Corporal Daniel Smith had been transfered to U.S military custody late Friday after Filipino government officials whisked him away from the Makati City jail.
A local court ordered Smith locked up in jail Dec. 4 after he was found guilty of raping the 23-year old woman last year in Olongapo City.
"We look forward to resuming the Balikatan," said U.S. Embassy spokesman Matthew Lussenhop. "Balikatan should move forward now that the custody issue is resolved," he said.
The U.S. military announced Dec. 22 that suspension of the war games after Judge Benjamin Pozon, of the Makati Regional Trial Court, denied a petition by Smith’s lawyers to transfer him to the U.S. Embassy.
Lussenhop said they were also disappointed by the suspension of the Balikatan, which means shoulder-to-shoulder, the codename for the annual joint military exercises between the Philippines and the United States.
"We're disappointed with the cancellation of the Balikatan as well. We did not raise any issue about the (court's) verdict, but the custody issue," Lussenhop said.
Filipino activists on Tuesday also burned a U.S. flag while marching in Manila to protest Smith's transfer to U.S. authorities.
Dozens of protesters from the militant group called KAISA-KA torched the flag as they marched along the busy Manila road, T.M Kalaw.
The U.S. Embassy 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 Philippines.
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.
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)
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.
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)
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)
Saturday, December 30, 2006
U.S. Military Gets Back Custody Of Convicted Marine In Philippines
MANILA (Mindanao Examiner / 30 Dec) – The U.S. Embassy in Manila said convicted American soldier Lance Corporal Daniel 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.
A local court ordered the U.S. Marine locked up in Makati City jail after he was found guilty December 4 of raping a Filipino woman last year at the Subic. Bay Freeport in Olongapo City.
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.
Smith, 21, was sentenced to 40 years in prison.
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.
“Lance Corporal Smith will now return to U.S. military custody in the same facility at the U.S. Embassy which he was previously held for the duration of the trial,” a U.S. Embassy statement said.
“The U.S. Government has complied throughout this case with the provisions of the VFA, which provides the framework for U.S.-Philippines cooperation on legal cases involving U.S. service members. We will continue to adhere to the provisions of the VFA in coordination with the relevant Philippine authorities,” it said.
Filipino government officials took away Smith from the Makati City jail 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.
The U.S. military earlier suspended all joint military exercises scheduled for next year because of the court’s refusal to hand over Smith to the Embassy. (Mindanao Examiner)
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.
A local court ordered the U.S. Marine locked up in Makati City jail after he was found guilty December 4 of raping a Filipino woman last year at the Subic. Bay Freeport in Olongapo City.
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.
Smith, 21, was sentenced to 40 years in prison.
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.
“Lance Corporal Smith will now return to U.S. military custody in the same facility at the U.S. Embassy which he was previously held for the duration of the trial,” a U.S. Embassy statement said.
“The U.S. Government has complied throughout this case with the provisions of the VFA, which provides the framework for U.S.-Philippines cooperation on legal cases involving U.S. service members. We will continue to adhere to the provisions of the VFA in coordination with the relevant Philippine authorities,” it said.
Filipino government officials took away Smith from the Makati City jail 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.
The U.S. military earlier suspended all joint military exercises scheduled for next year because of the court’s refusal to hand over Smith to the Embassy. (Mindanao Examiner)
Wednesday, December 13, 2006
RP Court Junks Appeal Of Convicted U.S. Marine
MANILA (Mindanao Examiner / 13 Dec) – A Filipino court on Wednesday denied a petition of convicted U.S. Marine Daniel Smith to be in custody of U.S. authorities.
Smith was found guilty December 4 of raping a Filipina last year at the Subic Bay Freeport in Olongapo City. Judge Benjamin Pozon, of the Makati Regional Trial Court, denied the petition, saying, it lack merit.
Smith, who was sentenced to 40 years in prison, remains at the Makati City Jail. The U.S. Embassy said the decision of the court reflects a misunderstanding of the nature of Philippine obligations under the terms of the Visiting Forces Agreement (VFA) during judicial proceedings.
The Visiting Forces Agreement is an international bilateral agreement that is binding on both the United States and the Republic of the Philippines. An appeal is being filed in the appropriate court seeking to return Smith to U.S. military custody at the U.S. Embassy.
The U.S. Embassy, in a statement sent to the Mindanao Examiner, quoted Article V, Paragraph 6 of the Visiting Forces Agreement that specifies: ”The custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings.”
It said Smith is not a private citizen, and therefore the handling of his case is subject to the terms of the VFA. “Continued U.S.-Philippines military cooperation relies upon adherence to the VFA, which provides a clear framework for the legal status of visiting U.S. service members,” the statement read.
The Departments of Justice and the Foreign Affairs said the U.S. should retain custody of Smith until the end of judicial proceedings. “The U.S. is committed to upholding the VFA, and we will continue to work with the Philippine government to help bring it into compliance with its obligations under that agreement,” the embassy said. (Mindanao Examiner)
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