Nov. 9
PHILIPPINES/US MILITARY: VFA won't save 6 GIs from death penalty-DoJ chief The existing Visiting Forces Agreement (VFA) would not be a hindrance to exempt from the death penalty the 6 US Marines accused of raping a 22-year-old Filipino woman. Justice Secretary Raul Gonzalez, during a press conference in Malacaang, yesterday stressed that should the Philippine court rule against the US servicemen, the VFA and even the extradition treaty cannot save them from the maximum penalty of death. "If there's a conviction, they can make an appeal because it is also included under the VFA but you see, there's no exemption here. If they would be found guilty, then the decision must be acted upon. Extradition is not allowed in countries which impose the death penalty, so judgment must be followed," he said. The DoJ chief, however, admitted the 6 US troops could not be turned over to the Philippine government during the duration of the case hearing despite Manila's insistence on its primary right to exercise jurisdiction over the rape case against the suspects, who remain under the custody of American officials in Manila. Gonzalez said it was the request of the US government, which was its right under the VFA. "Under the VFA, the custody belongs to the US, if it asks for it. In this case, they asked for it. The Philippines could ignore it (request for US custody) on condition that the case must be of particular importance to the Philippines," he added. The Justice secretary, however, admitted that until now his department is still researching what cases could be of particular importance to the Philippine government as mentioned in the VFA and if the rape scandal could fall under it. "We are still trying to research what is the meaning of that provision," Gonzalez said. He stressed under the VFA, the accused Americans can only be turned over to the Philippine authorities once they are found guilty of the charges raised against them. But Foreign Affairs officials also yesterday reminded the US Embassy that the Philippines has control over the case pursuant to Article V of the VFA forged between Manila and Washington in 1998. Paragraph 1(a) of the agreement states: "Philippine authorities shall have jurisdiction over United States personnel with respect to the offenses committed within the Philippines and punishable under the law of the Philippines." Acting US deputy chief of mission Scott Bellard, who received the subpoena against the accused American soldiers on Monday, assured acting Foreign Affairs Secretary Rafael Seguis of their full cooperation and compliance with their treaty commitments under the agreement. "The department will continue to work closely with the appropriate Philippine authorities to ensure that justice is served," he said. Chief State Prosecutor Jovencito Zuo said the preliminary investigation on the rape case will be completed in 60 days. He vowed to have a prompt and speedy trial of the case. On the issue of custody, the chief prosecutor said the Philippine government can only demand for it if there is sufficient evidence against the respondents and once a warrant of arrest is issued by the court. "At this point we are not asking for custody because that is part of the agreement (that) during the preliminary investigation, the US Embassy can have custody," Zuo said. Although the US Embassy may still request for custody despite a court warrant, he stressed the normal procedure is for the respondents to be jailed in the city jail. Preliminary investigation is set on Nov. 23 and 29. No formal charges have been filed but US authorities assured the six accused will be open to Philippine investigators for interrogation. Meanwhile, a battery of lawyers, mostly Bar topnotchers, had been tapped to represent and defend the victim. The Philippine National Red Cross (PNRC) will provide the legal services after an appeal made before them by victim and her family recently, following their decision to pursue the case, it was gathered yesterday. Sen. Richard Gordon was approached by the victim's mother recently for assistance, particularly legal and professional, having been aware of the fact that case of her daughter has become a national issue and for which they are now challenged. The lawmaker received a letter from the victim's mother dated Nov. 4 noting the weight of their decision in seeking justice for the alleged criminal liabilities of the US servicemen. "We are already coordinating with 3 lawyers who have all agreed to help the victim in this case. The PNRC, being a humanitarian organization, is committed to assisting victims of all kinds of injustices. The victim and her family can be assured they will be given top brass and brilliant lawyers to make sure that the truth and justice will prevail," he said. Gordon, concurrent PNRC chairman, would not name the team of legal counsel of the victim only that two are former colleagues and associates from the prestigious law firm, ACCRA, with one of them once heading the legal department of the Subic Bay Metropolitan Authority. The 3rd legal counsel is a female lawyer who is a Bar topnotcher who worked for the Supreme Court, he said. Sherwin C. Olaes, Michaela P. del Callar and Angie M. Rosales. (source: The Daily Tribune) Nov. 10 ETHIOPIA: Ethiopian opposition leaders could face death penalty Prime Minister Meles Zenawi said Wednesday that opposition leaders and newspaper editors will face treason charges, which carry the death penalty in Ethiopia, for their alleged roles in protests last week in which at least 46 people were killed. Ethiopian Prime Minister Meles Zenawi said on Wednesday the country's recent violence was a misguided attempt at a Ukrainian-style Orange Revolution and its leaders would be charged with treason. At least 42 people were shot dead when police confronted demonstrators in the capital last week after the opposition Coalition for Unity and Democracy (CUD) called for new protests against May polls it says the government manipulated. The government denies ballot fraud. "This is not your run-of-the-mill demonstration. This is an Orange Revolution gone wrong," Meles said, comparing Ethiopia's unrest with "people power" protests that ousted the pro-Moscow government in Ukraine last year. "The violence has marred the image of Ethiopia ... but as far as the process of democratisation is concerned I don't think it has had an impact on the country," he told reporters. In the first reported unrest since Saturday, residents said two students in the western town of Ambo were killed in clashes with police on Wednesday. The violence in sub-Saharan Africa's second most populous country after Nigeria have fuelled fears of mounting political instability and prompted Western donors to urge both sides to show restraint. Act of treason "The CUD leaders are engaged in insurrection, that is an act of treason under Ethiopian law. They will be charged and they will appear in court," Meles said, adding that several newspaper editors would also appear in the dock. "For us, these are not just journalists. They will not be charged for violating the press laws. They will charged, like the CUD leaders, for treason," he added. Meles said if found guilty, the court would decide whether the defendants would face the death penalty or serve a prison sentence. Late on Wednesday, police in Addis Ababa said they had released 285 people from the Zuwai prison south of the capital who were jailed but found not to have been involved in violence. Human rights groups have said thousands of people were rounded up by authorities during the days of unrest. It was not clear how many people face treason charges, but on Monday the government took a group of 24 opposition members, civic society leaders and journalists to court accusing them of instigating violence. State-owned media later reported the government had published the names or photographs of 32 people, mainly journalists and activists, it says it wants to arrest in connection with the clashes. Democratic credentials Meles said he believed the worst of the violence was over and defended a security crackdown in Addis Ababa, saying five hand grenades were thrown at police during the clashes and 2 AK-47 assault rifles were stolen from police by rioters. He said rioters attacked close to 100 buses, setting 10 of them on fire and smashing windows. Criticised by human rights activists for using excessive force in the crackdown, Meles said he had ordered water cannons and tear gas to be imported for future use against unrest. The May poll was widely regarded as a test of Meles's commitment to bringing democracy to the country of 77 million people, still struggling to emerge from centuries of feudalism, followed by nearly 20 years of Marxism under dictator Mengistu Haile Mariam. The vote gave the opposition its largest showing in parliament. But the European Union said flaws, including intimidation and murders of opposition officials, were so numerous that the polls did not meet international standards. Once hailed by the West as part of a "new generation" of African leaders, Meles has come under growing scrutiny over his democratic credentials. (source: EiTB24.com)
