U.S. Custody Request Denied in Philippines (convicted marine)

[Eugene]

U.S. Custody Request Denied in Philippines


Wednesday December 13, 2006 5:46 AM

AP Photo NY132

By HRVOJE HRANJSKI

Associated Press Writer

MANILA, Philippines (AP) - A Philippine judge overruled his own government
Wednesday and denied a U.S. request for custody of a Marine who is appealing
a local rape conviction.

Judge Benjamin Pozon said he dismissed an agreement between the Philippine
justice secretary and the U.S. ambassador for the transfer to the U.S. Embassy
of Lance Cpl. Daniel Smith, 21.

Smith, who is from St. Louis, was sentenced on Dec. 4 to 40 years in jail for
raping a 23-year-old Filipino woman. He was immediately sent to a Manila jail.

A provision of the 1998 Visiting Forces Agreement between the U.S. and the
Philippines says that any U.S. servicemen accused of a crime shall be in U.S.
custody until all judicial procedures are exhausted.

Pozon said the provision does not apply after a conviction, regardless of a
pending appeal.

-snip-

Full article: http://www.guardian.co.uk/worldlatest/story/0,,-6277181,00.html

[acmejack]

1. Don't know how much things have changed, but-

they (the US Authorities) used to tell us how short the life expectancy was of an American in a Filipino Prison.

edit for clarity

[ayeshahaqqiqa]

2. We can expect more of this

for any American who gets in trouble with the law of any foreign country. We are looked upon as a bully and a rogue state, and so it wouldn't surprise me if Americans were taken into custody just because they are Americans and are treated poorly--after all, we're holding people without habeas corpus or a trial or anything at Gitmo.

I have no idea if the Marine in this case is really guilty or innocent, but if what another poster said was true about Americans being killed in Filipino jails, I can see why the US wanted him in their custody until they knew for sure.

[Waya]

3. Yea, well.......

.....at least he was accused, tried, found guilty and sentenced. That's more than one can say for the people held in Guantanamo, in our custody. How many have died there? Guilty or innocent?
Right or wrong, I can see why other Nations are coming to the conclusion that what's good for the goose is good for the gander............

[ayeshahaqqiqa]

4. Exactly!

You did a better job saying what I was trying to say. Thanks!