Analysis of the Subic Bay Rape Verdicts

Here  are several links regarding the  Subic Bay rape verdicts.  The first is a news story that was forwarded to us by Hisako Motoyama, Secretary-General of the Asia-Japan Resource Center.
US Marine guilty of raping Filipina, 3 others acquitted

The following statements from the Gabriela Network were sent out by WAIL, the Women’s Anti-Imperialist League:

4 December 2006

Reference: EMMI DE JESUS,
GABRIELA Secretary General 09173221203, 3712302

On the conviction of Smith, acquittal of 3 other US Marines
JUSTICE FOR NICOLE REQUIRES ABROGATION OF VFA

“Though we welcome the guilty verdict against Lance Corporal Daniel
Smith, the exoneration of Lance Corporals Keith Silkwood and Dominic
Duplantis and Staff Sergeant Chad Carpenter more than offsets such a
verdict. And it would not surprise us if Smith got a light sentence, a
suspended sentence or a presidential pardon or is smuggled out of the
Philippines back to the U.S. Justice for Filipinos cannot be
obtained from the US-puppet Arroyo administration. We, the people, should
ensure that crimes committed by US and foreign troops in the archipelago
are rendered commensurate justice.”

This was the firm statement of the militant women’s group GABRIELA given
through its secretary-general, Emmi de Jesus, in reaction to the
conviction of Smith in the Subic rape case.

“True justice for Nicole can only be achieved with the abrogation of the
US-RP Visiting Forces Agreement. Justice cannot be complete if the threat
against Filipino women and children represented by the VFA and US
military intervention is not removed.”

Appalled, GABRIELA slammed Malacanang’s utter disregard of the massive
calls for the abrogation of the VFA despite its being proven as a very
lopsided agreement. “The Arroyo government turned a deaf ear to people’s
call for the abrogation of the VFA, which was proven to be detrimental to
Nicole’s case, as it ignored the demand for a halt to foreign military
exercises, which gives opportunity to US soldiers to abuse and violate
the rights of Filipino women and children. Mrs. Arroyo did not mind the
fact that VFA is clearly the reason why Nicole’s struggle for justice was
made more difficult.”

“Without the abrogation of the VFA, the public will see not only the
Arroyo government’s incapacity and inability to defend its women but also
its subservience to the imperialist US. Its lack of interest and inaction
will only further prove that Filipino victims of violence could expect
nothing from the Arroyo administration, especially if the crimes were
perpetrated by American soldiers.”

“Adding insult to injury, US troops continue to arrive in increasing
numbers to intensify US military intervention in the archipelago, as if
there had been no Subic rape case or any crime against the Filipino
people. With VFA and US troops around, Nicole will not be their last
victim. VFA would only bring never-ending violence to the Filipino
people, particularly women and children. The Filipino women and people
will not rest until the VFA is abrogated and the Macapagal-Arroyo
government ousted.”

GABRIELA also commended Nicole for standing up for her rights and
demanding justice. “We hope that the people of Zamboanga, from where
Nicole comes and where US troops are often based, will see through the
pathetic allegations of economic gains from the presence of foreign
troops. We hope that they will see the crimes, indignity, slavery
and abominations such presence brings.” ###

December 3, 2006

For Reference: DR. ANNALISA ENRILE, GABNet National Chair
619.316.0920

PHILIPPINE-US Women’s Group, GABRIELA Network Demands Philippines
Assert Jurisdiction- Put US Marine Smith in Philippine Jail

At 9 pm this evening (already December 4, 1pm in the Philippines),
GABRIELA Network (GABNet) stood vigil waiting for the verdict of the
Nicole Subic Bay Rape case. Lance Corporal Daniel Smith, one of the
four US Marines accused of the rape of Nicole, was found guilty by the
Makati Regional Trial Court. Lance Corporal Smith’s three
co-defendants were acquitted. For Lance Corporal Smith who was found
guilty, women’s groups led by GABRIELA Philippines and the GABRIELA
Women’s Party call for the Philippine government to now exercise
their sovereignty and take Lance Corporal Smith into custody to serve
his time in a Philippine jail.

“We are not happy with the full verdict,” Lalee Vicedo, GABNet
Campaigns Director said, “We fully believe that the four acted
together and so no one should have been acquitted of their actions,
but given the verdict, the guilty should be treated as such.”
GABNet will continue to call for the remanding of Lance Corporal
Smith into Philippine custody as well as an overall call to junk the
Visiting Forces Agreement.
This case is a landmark as it is the first time an American soldier
has been found guilty of a crime since the US bases were shut down in
1992.
As with the fight for the removal of the US bases from the Philippines
more than a decade ago, Philippine women were instrumental in
demanding justice for Nicole. It was the women’s militant stance,
their unwillingness to let Nicole continue to suffer from blatant
victim blaming, and their commitment that has been able to expose US
Military’s exploitation and oppression of the Filipino people. This
has occurred on a global level with vigils being held all over the
world in Canada, Europe, and the United States. Last week, GABNet
held vigil right at the gates of US Marine bases in San Diego,
California. This was held amongst catcalls and insults hurled by US
soldiers, indicative of the US’s view of the Philippines.

>From the beginning of the case, the US government has shown absolute
contempt of the criminal justice system of the Philippines, not even
bothering to go through the motions of as the accused rapists were
never put under the custody of Philippine authorities. In fact, the
Philippine government under Gloria Macapagal Arroyo has colluded with
the United States by complying with the unfair provisions of the
Visiting Forces Agreement such as having the judicial proceedings
completed within a one year period and the custody of the four
accused US Marines being under the supervision of US rather than
Philippine authorities. Now that a verdict has been handed down and
Lance Corporal Smith judged guilty, he should be treated as any other
criminal and serve his time in a Philippine prison.
“This is not just a case about one woman,” GABNet Chair Annalisa
Enrile states, “This case is about the Visiting Forces Agreement and
how it has reintroduced the US Military back to Philippine soil and
all the issues that go along with that such as rampant violence
against women. The judge in this case has ordered that Smith be
handed over to a Philippine jail, but we’ll see. The Arroyo
government has gone out of its way to remain a puppet of the United
States than she has done in upholding the rights and dignity of the
Filipino people, especially the women.”

Now that the decision of custody is in the hands of the Arroyo
government, we urge the Arroyo government to take a stand for Nicole
by taking her rapist into custody for life in a Philippine jail. The
United States should not be allowed to invoke the VFA to provide
further reasons to keep Corporal Smith out of Philippine custody.
GABNet urges all women’s groups, all people’s organizations, and
freedom loving people to stand with us to demand real justice for
Nicole and real sovereignty for the Filipino people.

Finally there is also this statement from Bayan.
Many thanks to Amee chew fro making us aware of these links.

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