No special treatment for Pemberton
Pemberton, hindi humarap sa preliminary investigation
JAKARTA - US Secretary of State John Kerry assured the Philippines that no special treatment was being sought for an American marine who is charged with the murder of a transgender Filipino outside a former U.S. Navy base.
US Private First Class Joseph Scott Pemberton is accused of murdering Jennifer Laude in the northern port city of Olongapo.
Pemberton is under the custody of his superiors aboard USS Peleliu, an amphibious assault ship docked in Subic Bay, a former US Navy base next to Olongapo, northwest of Manila.
"We're not seeking a special privilege, and everybody's rights will be appropriately protected. And that is exactly what we will do here," Kerry told reporters after meeting his Filipino counterpart, Albert del Rosario, on Monday.
"Due process will play out, and we will work with the Philippines in order to make certain that rule of law and the agreement are upheld," he added.
Under the Visiting Forces Agreement (VFA), the Philippines is supposed to exercise jurisdiction over such a crime. Some lawmakers and activists have called on the government to terminate the VFA unless the United States hands him over.
Philippine President Benigno Aquino on Monday rejected calls to tear up the Visiting Forces Agreement.
"We do have all the mechanisms in place so that justice can properly be served," said the Philippine Foreign Minister Rosario, who described the incident as "unfortunate" and "tragic".
The two sides in April signed a new 10-year security pact that allows for a larger US military presence in the country as it struggles to raise its defence capabilities amid territorial disputes with China.
ANGER IN SNUB
Pemberton snubbed a summons by prosecutors Tuesday, sparking outrage by the victim's family who said they feared he would evade justice.
Pemberton failed to appear at a preliminary murder hearing to answer a Filipino police complaint naming him as the suspect in the killing.
"We hope the Americans will bring him out. They're coddling a worthless man," Julita Laude, mother of the murder victim, told a news conference after the hearing.
Police said Pemberton was the last person seen with Laude before she was found dead in a hotel bathroom on October 12 with his head in the toilet and marks of strangulation on her neck.
US Marines had taken part in joint military exercises and some US soldiers then headed to Olongapo, a well-known red light district, to wind down on the night of Laude's death.
Philippine courts have jurisdiction in cases involving US soldiers wanted for crimes committed in the Philippines..
But after Pemberton failed to appear before the hearing, Laude's sister expressed concern over whether he would be brought to justice.
"Who will catch him? Who can we turn to to make him pay?" Malou Laude said.
Pemberton's Filipina lawyer, Rowena Garcia Flores, told a panel of prosecutors her client was still studying the police complaint and he did not have to appear on Tuesday.
"The subpoena did not require the personal appearance of Pemberton," Flores said.
Flores did not say whether Pemberton had told her whether he was innocent or guilty.
However the city prosecutor, Emilie de los Santos, said Pemberton was required to attend and ordered him to show up at the next hearing on October 27.
"The attendance of the Marine will serve as a very good assessment of the willingness of the US government to comply with the provisions of the Visiting Forces Agreement," de los Santos said.
The death has placed defence ties between the longtime allies under scrutiny.
A foreign affairs department spokesman on Tuesday reacted coolly to Pemberton's non-appearance.
"We are of course disappointed that the respondent did not appear in today's preliminary investigation," said spokesman Charles Jose.
De los Santos said the state prosecutors had up to 60 days to conduct preliminary hearings and reach a decision on whether to file charges in court. - with a report from Agence France-Presse
