Despite many protests, United States Marine Corporal Daniel Smith was returned to US custody by an order that came from the Department of Interior and Local Government. Smith, a corporal participating in the military exercises under the Philippine-US Visiting Forces Agreement at Subic Bay, north of Manila, was found guilty of raping 23-year-old “Nicole” in November 2005. Found guilty by a local court—the Makati City Regional Trial Court—on December 4, 2006, Smith was admitted in the Makati City Jail until he was turned over to US custody on the night of December 29.

The move has prompted women's human rights networks to express utter disappointment to the Philippine government, urging the latter to impose its right over the custody of Smith. The statement (see below) is signed by former senator Leticia R. Shahani, the Ateneo Human Rights Center, Miriam College’s Women And Gender Institute, and CEDAW-WATCH.

Statement of Concern on People of the Philippines vs. US Marine Corporal Daniel Smith

The undersigned groups and concerned citizens express their alarm and outrage over how the Department of Justice and the Department of Foreign Affairs have closed ranks in order to take the cudgels for the accused, L/Cpl. Daniel Smith, by exerting their utmost efforts and influence in claiming that his custody must be turned over to the American authorities.

These offices have forgotten that they represent the Filipino people and not American serviceperson Smith. Instead of deferring to the judiciary’s interpretation of the Visiting Forces Agreement (VFA), they have either manifested in open court or submitted after judgment has been rendered agreements purportedly executed between their offices and US Ambassador Kenney, to thwart the legal import of the original provisions of the VFA and substitute their meaning in order to justify the transfer of US serviceperson Smith’s custody to the Americans.

This case is not only an issue of custody. How the government conducts itself before a supposed co-equal sovereign will ultimately impact on the exercise of our sovereignty, will show how much the government is willing to abide by the provisions of the Constitution in upholding the dignity of the Filipino people, in respecting our human rights and in protecting the rights of women against violence.

When the Philippines ratified VFA, many nationalists feared the return of the military abuses. Moreover, women’s groups were apprehensive since any heavily militarised area is a potent breeding ground for prostitution and acts of violence against women.

One critical aspect of the VFA is in the area of criminal jurisdiction. In construing these provisions, there should be no attempt at departing from their true import to unduly favor the United States.

Sources:

“Official says Balikatan not a factor in Smith transfer” from Sun.Star Manila, posted on January 4, 2007, <http://www.sunstar.com.ph/static/man/2007/01/04/news/official.says.balikatan.not.a.factor.in.smith.transfer.html>
“RP, US officials’ agreement on Smith custody filed in court” from the Inquirer, posted on December 8, 2006, <http://newsinfo.inquirer.net/breakingnews/nation/view_article.php?article_id=37130>