Oct 032014
 

http://wikileaks.org/cable/2006/06/06MANILA2426.html#

Reference ID Created Released Classification Origin
06MANILA2426 2006-06-09 08:01 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Manila
VZCZCXYZ0003
OO RUEHWEB

DE RUEHML #2426 1600801
ZNR UUUUU ZZH
O 090801Z JUN 06
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1417
INFO RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE
UNCLAS MANILA 002426

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL MARR KCRM CASC RP
SUBJECT: MARINE CASE UPDATE 06/09/06

REF: A. STATE 92933
¶B. MANILA 2398
¶C. MANILA 2351
¶D. MANILA 2334 AND PREVIOUS

¶1. (U) On June 9, the first full week of trial concluded in
the case of four U.S. Marines accused in the alleged rape of
a Filipina. Officials from Embassy’s American Citizens’
Services Unit, JUSMAG, Defense Attache’s Office (DAO), and
Regional Security Office, as well as from the Third Marine
Expeditionary Force (III MEF), have been present during all
trial sessions, and will continue to attend all sessions for
the duration of the trial. As needed, Public Affairs Section
staff also attend. Makati Regional Trial court Judge Pozon
has ordered the Marines as well as the complainant to be
present for all sessions. The trial will continue to meet
four days per week throughout June; however, beginning June
19, sessions will be held Monday, Tuesday (instead of
Wednesday), Thursday, and Friday.

¶2. (SBU) Mission’s working group on the case on June 9
reviewed and agreed again on existing logistical arrangements
and other procedures. It meets on a weekly basis, or more
often as needed.

¶3. (SBU) Post has exchanged numerous diplomatic notes with
the Philippine Department of Foreign Affairs (DFA), acting on
behalf of the Court, on the issue of NCIS officers testifying
at the trial (reftels). Per ref a guidance, no NCIS agents
or locally employed staff (LES) has testified since the
uncleared June 5 testimony of Mission’s NCIS attache. On
June 8, NCIS LES Tony Ramos was called to testify, but
instead asserted through the prosecutor his right to refuse
to testify under the Vienna Convention’s archival
inviolability provision (also ref a). Judge Pozon is
currently reviewing this argument and did not hold Ramos (a
Philippine citizen) in contempt, although he has raised this
possibility. The subpoenas for all NCIS personnel will
expire on June 14. The lead prosecutor told USDOJ Attache
that Pozon will likely wait until then before making any
comments or issuing any orders on this matter.

¶4. (U) Judge Pozon issued an order confirming December 27,
2005 as the start of the one-year period for judicial
proceedings in the case under the terms of the Visiting
Forces Agreement. Pozon again stated his commitment to
conclude the trial sometime in August.
Kenney

   

 

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