PH seeks custody of US Marine charged with murder

The Philippine government sought formal custody Tuesday of a US Marine charged with murder over the death of a Filipino transgender woman after a court ordered his arrest.

In a case that has fanned anti-American feelings and tested close military ties, Joseph Pemberton was charged Monday with murdering a transgender woman who was found dead at a cheap hotel in the northern port city of Olongapo in October.

A lower court in Olongapo ordered the defendant's arrest Tuesday and ruled he will not be entitled to post bail, court officials said.

"We welcome the progress made so far on the case, and as we stated earlier, we will now formally seek custody over the accused," foreign department spokesman Charles Jose said in a statement.

Pemberton has remained under official US custody even after he was transferred from a US warship off Olongapo to the Philippine military headquarters in Manila amid a public outcry.

Jennifer Laude, a 26-year-old transgender woman also known as Jeffrey, was found dead on October 12 in a cheap hotel in a red light district of the port city of Olongapo.

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.

Murder is punishable by up to 40 years in jail.

The US embassy issued a statement Tuesday on the murder charge against Pemberton, but made no mention of the court order for his arrest.

"In accordance with the US-Philippine Visiting Forces Agreement, the United States has a right to retain custody of a suspect from the commission of the alleged offence until the completion of all judicial proceedings," it said.

"The United States will continue to work closely with the Philippine government to help ensure justice is served and the rights of all persons are protected."

A US embassy spokeswoman did not immediately reply to requests for comment by AFP on the arrest order and the foreign department's request to seek custody of Pemberton.

Laude's death sparked street protests in the Philippines, a former US colony that gained independence in 1946 but has retained a close alliance.

The United States closed down two major military bases in 1992, but the allies in 1998 signed a Visiting Forces Agreement that allowed US troops to take part in war games on Philippine soil.

Military exercises involving thousands of US soldiers have since taken place each year.

source: www.abs-cbnnews.com

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