Fair Trial in the Subic Rape Case in the Philippines

WE DEMAND A FAIR TRIAL IN THE SUBIC RAPE CASE IN THE PHILIPPINES!




Your Excellency Mrs. Gloria Macapagal-Arroyo, President of the Republic
of the Philippines,
The Honorable Mr. Benjamin T. Pozon, Presiding Judge of Makati Regional
Trial Court, Branch 139

We Demand a Fair Trial in the Subic Rape Case in the Philippines!


On the evening of November 1st 2005, a 22-year old Filippina National
"Nicole", was allegedly raped by an American Marine inside a van while being egged-on by three other servicemen, at the former American naval base, Subic Bay at Olongapo City, Northwest of the Philippine capital, Manila. The four marines, based in Okinawa, Japan, were in the country consequent of the joint Republic of the Philippines (RP) - US
"anti-terror" naval military exercise, Talon Vision. Nicole's
subsequent criminal complaint against the four defendants, which first came to trial in April 2006, is notable in that, despite the fact that there have been over 3000 criminal complaints brought against US personnel in Olongapo City alone, it was the first case to reach the Philippine courts concerning US military personnel.

However, the Philippine government failed to take custody of the four accused even after it requested custody because the US government refused, citing the VFA provision.

The "Visiting Forces Agreement" (VFA) states that the US can have immediate custody of their men if they so request, but the Philippines can make known its position in "extraordinary cases." Heinous crimes as rape must be among the extraordinary cases. The VFA cannot be interpreted to give the US government the blanket authority over its servicemen in the Philippines, since this interpretation allows the violation not only of the rules and statutes but also of the Constitution of the Philippines. Further, the lead state prosecutor did not earnestly prosecute the case, but rather actively attacked the victim. At our great dismay, the trial was abruptly brought into conclusion on October 5, since the chief prosecutor arbitrarily cancelled the rebuttal to the defendants.

In this situation, we are seriously concerned about the judgment that
is expected on November 27, 2006, whether it meets the demand of Nicole
for justice.

We commend Nicole for her courage to end the impunity of violence
against women by the US military forces. Her cry for justice is also the cry of women in Okinawa, Korea and in many other areas where US military bases are located. We will not allow the US military to violate laws and to spread war and violence against women around the world any more. We demand justice for Nicole, to protect human rights, and the lives and safety of women, children, elderly people and all citizens.

We demand that:
1. The court should give those accused fair and strict punishments.
2. The US and Philippine governments recognize obligation to address
continued sexual violence against women around the US-military-
related facilities and to take necessary measures.