Wednesday, October 22, 2014

Pemberton transfer a mutual decision - Oban



Miriam slams VIP treatment of Pemberton

MANILA - Government officials said the transfer of Private First Class Joseph Scott Pemberton to Camp Aguinaldo was mutually agreed upon by both authorities from the Philippines and the United States.

During the hearing at the Senate, Presidential Commission on the Visiting Forces Agreement (VFA) executive director Eduardo Oban said the decision "was in consultation of both the US and the Philippines, as represented by the Department of Foreign Affairs and the Department of National Defense."

Oban said he was the one who accompanied Pemberton aboard the UH-1Y helicopter owned by the US from the soldier's detention at the USS Peleliu to Camp Aguinaldo on Wednesday morning.

"We took off around 8:00 a.m. together with the legal officer of the US Navy and security personnel from the US," he said.

This, amid Foreign Affairs Secretary Albert del Rosario’s acknowledgement that custody over Pemberton "can be claimed by the US."

Assistant Foreign Affairs Secretary Eduardo de Vega of the DFA Office of Legal Affairs said: "We have always been telling them, there is no way we will allow him to be detained in the US embassy. We even invoked [Senator Miriam Defensor Santiago’s position]… it must be in sovereign Philippine territory."

Santiago agreed, and said: "I would rather die."

Oban said Pemberton will stay there until a charge is filed in court and custody is transferred to Philippine authorities.

Santiago, who presided over the hearing, asked: "Who will furnish his meals there?"

Oban answered: "The US government.”

Oban said there is also US personnel guarding Pemberton in his detention.

Asked if he can accept visits, Oban said, "Such arrangements can be discussed [by the parties]."

Senator Sonny Angara asked Del Rosario what would happen if the same scenario happens to a Filipino soldier in the US.

Del Rosario said: "The US will have custody... because of the nature of the activities entered into."

In a press release issued after, Santiago slammed the VIP treatment of Pemberton.

She said the US has "engineered a sham Philippine custody over Pemberton.”

“He arrived by helicopter, protected from accusing eyes. He is detained in an air-conditioned facility. Outside his door are American guards. Outside the facility are Philippine soldiers. The mere physical arrangement indicates that he is being guarded against his Filipino critics,” she said.

She even described the arrangement "offensive," because it shows VIP treatment accorded to Pemberton supposedly owing to the US desire to quell howls for Philippine custody over the marine.

Earlier in the hearing, Santiago insisted that the Philippines should take immediate custody of the suspect upon commission of the crime since it happened in Philippine soil.

She had also called for the scrapping of the VFA, saying it was heavily tilted towards the US.

During the hearing, Santiago also wondered if there were guidelines drafted on the matter of custody.

She said the VFA has "iniquitous" language.

source: www.abs-cbnnews.com