Oct 032014
 

http://wikileaks.org/cable/2006/12/06MANILA5031.html#

Reference ID Created Released Classification Origin
06MANILA5031 2006-12-19 10:48 2011-08-30 01:44 CONFIDENTIAL Embassy Manila
VZCZCXRO8646
OO RUEHNH
DE RUEHML #5031 3531048
ZNY CCCCC ZZH
O 191048Z DEC 06
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4314
INFO RUEHNH/AMCONSUL NAHA IMMEDIATE 0067
RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE
C O N F I D E N T I A L MANILA 005031

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/19/2016
TAGS: PREL MARR CASC RP
SUBJECT: MARINE CASE; NO IMMINENT COURT DECISION ON CUSTODY

Classified By: Ambassador Kristie A. Kenney, reasons 1.4 (b) and (d)

¶1. (U) The Court of Appeals on December 19 denied a motion
by the defense lawyers for Lance Corporal Daniel Smith
calling for an immediate decision to reverse Makati City
Regional Trial Court Judge Pozon’s December 4 order to detain
LCpl. Smith temporarily in the Makati City Jail. The private
prosecutor for the complainant in the original rape case
filed a motion calling for the Appeals Court to send the
decision on custody directly to the Supreme Court, since the
issue is over treaty obligations. The Court has given the
private prosecutor and the Solicitor General ten days to
submit a response to the defendant’s motion to release LCpl.
Smith back into U.S. custody. The defense will then have
five days to respond, after which the Appeals Court will
schedule a hearing.

¶2. (C) Ambassador continues to be in frequent communication
with Executive Secretary Ermita, whom President Arroyo tasked
to spearhead the Philippine Government’s efforts to restore
custody to the U.S. in accordance with the Visiting Forces
Agreement, as well as with Foreign Secretary Romulo and other
Philippine leaders. She, as well as senior Embassy staff
members continue intensive and ongoing contacts with leaders
from the Departments of National Defense, Foreign Affairs,
Justice, and Interior and Local Government. They have
repeatedly highlighted the likelihood that the U.S. would
have to cancel Balikatan 07 if there is no favorable
resolution of the custody issue by December 21, and that the
U.S. would also cancel other military activities that fall
under VFA, including ship visits.

¶3. (U) Media commentaries are increasingly criticizing the
“unequal” nature of the VFA and expressing support for
continued Philippine custody over LCpl. Smith. Philippine
Government officials have not been very noticeable in
explaining the nature and benefits of the VFA to elite
audiences or to the general public. Philippine officials do
continue to maintain publicly and privately that LCpl. Smith
should be in U.S. custody according to the VFA, and to
express their frustrations with the judiciary.

Visit Embassy Manila’s Classified SIPRNET website:
http://www.state.sgov.gov/p/eap/manila/index. cfm

You can also access this site through the State Department’s
Classified SIPRNET website:
http://www.state.sgov.gov/

KENNEY

   

 

Sorry, the comment form is closed at this time.