MANILA: The United States has rebuffed a Philippine government request to hand over custody of a US Marine charged with murdering a Filipino transgender woman, Manila said yesterday.
A Philippine court on Tuesday ordered the arrest of Private First Class Joseph Pemberton to stand trial for the October 11 murder that has inflamed anti-American feelings and tested close military ties.
The Marine is under US military custody at a Philippine military base in Manila under a compromise arrangement, but the foreign department (ministry) sought full custody after the court issued its arrest warrant.
“We are disappointed that the US has chosen to invoke their rights under the VFA to maintain custody of the accused,” foreign department spokesman Charles Jose said, referring to a 1998 Visiting Forces Agreement between the two military allies.
He said the US embassy also reiterated a previous commitment to ensure Pemberton “complies with the requirement of any investigation or judicial proceedings in accordance with Philippine law”.
Manila and Washington signed the Visiting Forces Agreement in 1998, to allow U.S. forces to hold military drills in the Philippines to test the readiness of the allies, and the pact sets legal rules on how to treat erring servicemen.
Jennifer Laude, 26, also known as Jeffrey, was found dead at a cheap hotel in the northern port city of Olongapo before dawn on October 12.
Pemberton, 19 at the time, had just finished taking part in US-Philippine military exercises near Olongapo and checked into the hotel with Laude. He was the last person seen with her, police said. US embassy spokesman Kurt Hoyer said the mission plans to issue a statement on the case later.
On Tuesday, an embassy statement asserted that under the Visiting Forces Agreement, “the US has a right to retain custody of a suspect from the commission of the alleged offence until the completion of all judicial proceedings”.
“We expect the US to honour its obligations...and ensure that Pfc. Pemberton is made available for all required appearances before the appropriate Philippine authorities as related to the investigation and trial” of the murder, Jose said in a statement yesterday.
“Pfc Pemberton will remain detained in sovereign Philippine territory, and our armed forces will actively participate in ensuring that he remains in the agreed detention facility.” Laude’s death sparked street protests in the Philippines, a former US colony that gained independence in 1946 but has retained a close alliance.
Anti-US activists urged the government to terminate its pact with Washington after failing to enforce its sovereignty. “The US embassy refusal to turn over Pemberton is an insult to our nation and our people,” said Renato Reyes, leader of the left-wing Nation movement, vowing to hold a protest outside the US embassy. “The Aquino government must terminate the VFA.”
Agencies
