We had a server outage, and we're rebuilding the site. Most of the site features won't work. Thank you for your patience.
imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

On the Philippine Judge’s Decision to Deny Custody of a Convicted US Marine to the US Emba

by AJLPP-USA Friday, Dec. 15, 2006 at 4:50 PM
ajlpp_socal@yahoo.com 213-241-0995 337 Glendale Blvd. Los Angeles, CA 90026

The Alliance for Just and Lasting Peace in the Philippines (AJLPP) USA highly commends Judge Benjamin Pozon of Makati City, Philippines for standing firm on his decision not to give the U.S Embassy custody of convicted rapist Cpl. Daniel Smith of the U.S. Marines despite the lap-dog subservience of the US-Arroyo government and its Department of Justice. What remains now is to ask all patriotic Filipinos to unite and act to scrap the Visiting Forces Agreement (VFA) that is the source of all the indignities and violations of our national territory and honor as a people. The United States will always use the onerous and lop-sided VFA to advance their interest against our people and nation. Truly, it took the courage of a Filipino woman, “Nicole”, who stood up for her dignity as a person to emphasize the unequal relationship between the US and the Philippines. It took another brave Filipino man, a judge, to uphold our sovereignty and the majesty of Philippine laws to make us proud to be on a moral high ground and to stand firm as Filipinos. It will take the people of the nation to unite the country to continue to stand and fight for its sovereign rights.

by AJLPP-USA 2006-12-15 8:34 AM +0800

On the Philippine Judge’s Decision to Deny Custody of a Convicted US Marine to the US Embassy

The Alliance for Just and Lasting Peace in the Philippines (AJLPP) USA highly commends Judge Benjamin Pozon of Makati City, Philippines for standing firm on his decision not to give the U.S Embassy custody of convicted rapist Cpl. Daniel Smith of the U.S. Marines despite the lap-dog subservience of the US-Arroyo government and its Department of Justice.

In his six-page ruling, Pozon said that after "assiduously taking into consideration" all arguments presented by the lawyers of 21-year-old Lance Cpl. Daniel Smith, the lawyers of the private complainant, including Evalyn Ursua and former senator Rene Saguisag, the Department of Justice (DOJ), the Department of Foreign Affairs (DFA), the VFA Commission, and other concerned parties, he ruled to deny the request to turn over custody of Smith to US authorities.

Pozon, correctly pointed out that the said provision of the Visiting Forces Agreement (VFA) applies only during the "judicial proceedings in the trial court" and no longer applies once a conviction has been issued regardless of a pending appeal. Pozon also explained that under the same provision, the right of US authorities to take custody of Smith was terminated after he was found guilty of raping a woman known as "Nicole" and was sentenced to 40 years in jail.

"While judicial proceedings as a whole include the appeal on the decision of the trial court, the appearance of accused-appellant during appeal is no longer required under the rules of court of the Philippines and thus, there is no more need for continued custody of accused Smith by the US military authorities," he added.

Stand for National Dignity, Sovereignty and Freedom

AJLPP welcomed the ruling and are proud that the judge used his "courage and independence." His brave action puts the Philippine government to shame and in their proper place as lackeys and puppets of a bully government.

The AJLPP also vehemently condemn the high handedness and the imperial arrogance of the US government through its ambassador and its Manila Embassy in trying to order the court and insinuate that the “judge does not understand the VFA.”

The AJLPP is extremely happy that the judge in his decision also noted that “the US embassy is not even the proper facility where Smith should be detained while his case is on appeal. It is provided therein that the confinement or detention of the accused that was convicted of the crime charged should be by ‘Philippine authorities’. Necessarily, the ‘facilities’ referred to therein should be the ones run by Philippine authorities and not by US military authorities or the US Embassy or the United States," the ruling stated.

It added that US Ambassador Kristie Kenney’s agreement with Gonzalez and Zuño, which manifests how both agreed to transfer the US Marine back to the US embassy, are both invalid because the wrong Philippine government officials signed it.

"Under the Administrative Code of 1987, the said function legally belongs to the President of the Philippines or the Secretary of the DFA as her alter ego," the ruling stressed. Moreover, Pozon claims that Gonzalez and Zuño’s agreement with the US is political in nature and the court has no valid reason to decide on it.

What remains now is to ask all patriotic Filipinos to unite and act to scrap the Visiting Forces Agreement (VFA) that is the source of all the indignities and violations of our national territory and honor as a people. The United States will always use the onerous and lop-sided VFA to advance their interest against our people and nation.

Truly, it took the courage of a Filipino woman, “Nicole”, who stood up for her dignity as a person to emphasize the unequal relationship between the US and the Philippines. It took another brave Filipino man, a judge, to uphold our sovereignty and the majesty of Philippine laws to make us proud to be on a moral high ground and to stand firm as Filipinos.

It will take the people of the nation to unite the country to continue to stand and fight for its sovereign rights.


AJLPP-USA
Political Secretariat

December 13, 2006

Los Angeles, CA, U.S.A.
Link here
Report this post as:
Share on: Twitter, Facebook, Google+

add your comments


Local News

Woolsey Fire: Worst News of 2018? J01 12:18AM

Oppose Environmentally-Harmful Development D10 4:03AM

Oppose Environmentally-Harmful Development D10 3:58AM

OUR HOUSE Grief Support Center Presents Night for Hope O30 5:38PM

Marshall Tuck’s racist dog whistle O27 5:01AM

Marshall Tuck’s ethnocentrism contradicts Californian values O27 4:32AM

Contra Costa-Hawkins O25 3:48AM

Debunking Some Anti-Prop 10 Propaganda O12 6:56AM

Why Should California Choose De Leon Over Feinstein? O10 9:55PM

Change Links September 2018 posted S02 10:22PM

More Scandals Rock Southern California Nuke Plant San Onofre A30 11:09PM

Site Outage Friday A30 3:49PM

Change Links August 2018 A14 1:56AM

Setback for Developer of SC Farm Land A12 11:09PM

More problems at Shutdown San Onofre Nuke J29 10:40PM

Change Links 2018 July posted J09 8:27PM

More Pix: "Families Belong Together," Pasadena J02 7:16PM

"Families Belong Together" March, Pasadena J02 7:08PM

Short Report on the Families Belong Together Protest in Los Angeles J30 11:26PM

More Local News...

Other/Breaking News

Paraphysique du burnout post-démocratique J23 9:06AM

911 : establishment terror J22 11:18PM

Actor Patrick Kilpatrick Discusses and Signs his New Book Dying for Living J22 10:42PM

The Attack of Corporations and the Rich on the Rest of Society J22 2:36PM

bataclown J22 12:32PM

bataclone J21 8:08PM

VAN ATTACK HOAX J21 7:35PM

Mobile Royale Hack Online Generator - Get Unlimited Crystals J21 3:03PM

Unification, séparation et fragmentation J21 2:48PM

Testing Upload J21 7:10AM

FARCELONA.2 J20 7:18PM

FAKE NEWS POR SOROS J20 6:11PM

Chemtrails and Prince J20 2:43PM

Wages For Housework J20 2:41PM

Tutelle comportementaliste J20 9:18AM

A Mistake: Jesse Jackson-Toyota deal-in Lexington -Ky is .8 billion over 10 years 2018 J20 1:17AM

If Trump Declares a AantionalEmergency, He'll Be Breaking the Law J20 12:47AM

Jesse Jackson's Sneak Attck on Toyota Lexington Ky and it's workers 2018 J19 9:12PM

Video: Chris Herdges in Eugene, 1 hr 24 min J19 5:37PM

FAKE NEWS J19 2:31PM

MACROTHSCHILD.2 J19 11:03AM

Judge Delays Ruling on Puerto Rico Debt Deal White House Opposes Island's Food Assistance J18 6:04PM

BATACLOWNS J18 9:28AM

FALSAS VICTIMAS J18 9:22AM

Paraphysique de proxémie guerrière J18 7:59AM

MACROTHSCHILD J17 9:38PM

FARCELONA 8.17.2017 J17 3:23PM

DEAD MAN LIVING J17 10:46AM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy