Text Fwd: Coalition partially lauds SC ruling, reiterates call for probe on unconstitutional US basing

Text Fwd by Corazon Valdez Fabros, No US Bases, Agatha Haun

Coalition partially lauds SC ruling, reiterates call for probe on unconstitutional US basing
Wednesday, February 11, 2009

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.





Philippines: Supreme Court orders US rapist to serve term in local jail

Manila, 11 Feb. (AKI) – In a surprise ruling, the Philippines Supreme Court on Wednesday said US marine Daniel Smith, a convicted rapist, must serve his 40 year prison sentence in a Filipino jail. The ruling overrides a 2006 deal signed by Philippines foreign affairs secretary
Alberto Romulo and US ambassador Kirstie Kenney. Under the deal, Smith was to be moved from a local prison and placed in the custody of the US Embassy.

Smith was sentenced in 2006 to 40 years in jail for raping a Filipina named only as 'Nicole' after he took part in military exercises north of Manila in 2005.

The conviction provoked a diplomatic crisis between the two allies with the US threatening to cancel large-scale military exercises with Manila if he was returned to jail.

The crisis subsided after Smith was moved to the embassy. Washington claimed Smith's custody was sanctioned by the Visiting Forces Agreement (VFA) which came into effect in May 1999. The court has now ruled against that.

At a media conference, Supreme Court spokesman Jose Midas Marquez said the court had no deadline for the negotiations over Smith's return to jail but wanted talks to take place immediately. The court has allowed Smith to remain at the US Embassy pending these negotiations.

Neither the US nor the Philippines government made any immediate comment, while activists rejoiced.

However, the Stop the War Coalition-Philippines, a broad network of over 80 non-governmental organisations, said that the Supreme Court ruling was a "partial victory". The court should have gone further and declared the Visiting Forces Agreement unconstitutional, the network said.

"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 attorney Corazon Fabros, one of the coalition's spokespersons.

"However it is only partial because the VFA should have been declared unconstitutional," Fabros added. The transfer of custody could however prompt the United States to revisit the agreement, she said.

"What the US wants through the VFA is to put its soldiers above the law, beyond the reach of local authorities. By preventing this, the Supreme Court has struck at the heart of the VFA's ability to give immunity to US troops."


* E mail from Corazon Valdez Fabros, Tuesday, May 9, 2006
Stop The Planned Expansion of Camp Humphreys (K-6)! Don't steal this land from the farmers of Daechuri!