US wants Smith custody back

Barely 24 hours after a Makati court convicted US Lance Corporal Daniel Smith for raping a Filipina in Subic last year, the United States now moves to have him back in their custody once again. Smith was ordered detained at a local jail following the court’s verdict.

The US Embassy in Manila has sent a “note verbale” to the Department of Foreign Affairs (DFA) asking for Smith's custody. The embassy cited provisions under the RP-US Visiting Forces Agreement specifically Article 5, Section 6 which states that “the US government shall continue to exercise custody of all its personnel until completion of all judicial proceedings”. In an interview, US embassy spokesman Matt Lussenhop said,

"We're coordinating with authorities to return Smith as expeditiously as possible"

Both the DFA and the Department of Justice (DOJ) have echoed the US' right to Smith's custody under the treaty. DOJ officials have signed the US embassy’s request saying they are not posing any objections to it. Justice Secretary Raul Gonzalez says he understands the position of the United States on the matter. He even confirmed receiving a phone call from US Ambassador Kristie Kenney herself after the judge’s verdict, expressing disappointment on the country’s apparent violation of an international treaty.

But the DFA says, only the court can order the US marine's transfer at this point. Makati judge Benjamin Pozon has received a copy of the US embassy’s request but has yet to act on the matter. (see related story)

Militant groups meantime have begun protest actions outside the US embassy to call on the superpower to respect the court’s decision. Members of Task Force Subic Rape rallied along Padre Faura st. in Manila Tuesday, to remind the public to stay vigilant even after the verdict was given. Pangging Reyes, a convenor for the group warned,

“The US will do everything in its power to get back Smith. We should do everything we can to stop it.”

Smith, who has been detained at the Makati City jail for a week now, is the first US military serviceman to be convicted of a criminal offense in the Philippines. Representatives from the US Embassy continue to watch over and monitor him at his detention cell. Media access has been strictly prohibited.

Smith’s three other companions from the marines were acquitted from the case. They have returned to their military base in Okinawa, Japan.