World | Philippines
Rape victim opposes transfer of US Marine
"Nicole", the 23-year-old victim of rape at a former US base in Subic, yesterday asked the Supreme Court to declare as illegal the transfer of a convicted US Marine to the custody of the American embassy.
- By Gilbert Felongco, Correspondent
- Published: 00:00 January 9, 2007
Manila: "Nicole", the 23-year-old victim of rape at a former US base in Subic, yesterday asked the Supreme Court to declare as illegal the transfer of a convicted US Marine to the custody of the American embassy.
In a petition to the apex court filed by her lawyer Evangeline Ursua, Nicole, a fictitious name adopted by the court to protect her identity, asked the tribunal to declare the custody transfer of US Marine Lance Corporal Daniel Smith as a violation of the Philippine constitution and rules of court.
The "competence, independence and integrity credibility" of the courts would be put in question until the Supreme Court nullifies the agreement signed on December 19 by Foreign Affairs Secretary Alberto Romulo and US Ambassador Kristie Kenney, Nicole said.
The written agreement between Kenney and Romulo had allowed US authorities to secure custody of Smith from the Bureau of Jail Management of the Philippines (BJMP) through the Interior Department.
Smith had been convicted to 40 years in prison by Makati City trial court Judge Benjamin Puzon after the magistrate ruled on December 4, 2006 that the US Marine is guilty for the rape of Nicole on November 1, 2005.
Although the BJMP had initially been allowed custody of Smith immediately after the verdict was handed down last on December 4, US authorities were able to secure possession of the American soldier because of the Kenney-Romulo agreement.
Meanwhile, President Gloria Arroyo has reportedly sacked Zosimo Paredes, head of the presidential commission watching over the Visiting Forces Agreement (VFA) between the Philippines and the US.
According to the daily Philippine Star, the President had been "unhappy" over Paredes's actions over the VFA, a crucial agreement that provides a legal mantle over US soldiers engaged in military exercises with the local troops.
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