Santiago backs gov’t move to gain custody of Pemberton

By: Maila Ager - 10 years ago

Photo of US Marine Joseph Scott Pemberton PHOTO FROM PEMBERTON FACEBOOK ACCOUNT

MANILA, Philippines—Senator Miriam Defensor-Santiago backed the government’s position that it should have custody of American Pfc. Joseph Scott Pemberton after a warrant of arrest was issued against him for the killing of Filipino transgender woman Jeffrey “Jennifer” Laude in October.

“Our view of the VFA (Visiting Forces Agreement) is that after a warrant of arrest has been issued, then jurisdiction pertains to the Philippine authorities and therefore, it is the Philippine government that will determine where that person must be detained,” Santiago told reporters on Wednesday after presiding over a hearing at the Senate.

“As we know, normally, when any person who has been formally accused in court goes to city jail so he (Pemberton) should go there. Whatever is a normal procedure for Filipinos should be taken as the normal measures…otherwise you’ll be giving undue discrimination in favor of a foreign national in our own country. We don’t want that to happen,” he said.

At present, Pemberton is being held inside a 20-foot container inside the AFP general headquarters in Camp Aguinaldo, Quezon City.

The US embassy, in an earlier statement, stressed that under the VFA, the US “has a right to retain custody of a suspect from the commission of the alleged offense until the completion of all judicial proceedings.”

But Santiago, head of the Senate committee on foreign relations, said that view was the US’ own interpretation of the VFA.

“It’s not ours so let’s see where we can come to an accommodation without incriminations,” she said.

And since the issue would now be the subject of negotiations between the US and the Philippines, Santiago urged both parties to show “good faith,” citing a past experience where an accused foreign serviceman flew out of the country while the alleged victim was even granted a visa and also flew to the US.

“That for me was proof of bad faith on the part of the US because everything was done in silence. So if there’s any arrangement to be made, it should be made transparently and the result must be made known to the public as soon as possible,” the senator added.