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The Subic Rape Case and the Smith Custody

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The Subic Rape Case and the Smith Custody n Ni MAY FLOR B. ARTAGAME* SARILAYA (KASARIAN-KALAYAAN) N NOVEMBER of 2005, a 22-year-old Filipina (who would be known to the public as “Nicole”) filed rape charges against four US Marines who were part of the US-Philippines Joint-Military Exercise. Nicole accused US Marine Lance I Corporal Daniel Smith of raping her inside a The Subic rape moving van in the Subic Bay Free Port while his three companions, Lance case and the Corporals Keith Silkwood and Dominic Duplantis and Staff Sergeant Chad Smith custody Carpentier, cheered him on. None of those involved could have imagined the extent of political and international implications THE of the case. ONE THAT GOT AWAY According to eye witnesses, blaming. Nicole was carried out from the In reality, rape can happen Neptune Bar by an American to any woman regardless of the soldier before midnight of way she dresses, where she is, November 1, 2005. Expert who she is with, or how she acts. witnesses testified that she was It is never a woman’s fault if she too drunk to have consented to is raped. go voluntarily, much less There is no excuse for rape. engage in consensual sex. The Every woman has the human next day, witnesses saw her right to be free from rape and being carried out of a van by violence. said soldiers who dumped her on the pavement with her pants Rape and the VFA and panties down. The accused soldiers Smith, When the details of the Carpentier, Duplantis and incident came to public Silkwood were part of the knowledge, Nicole’s credibility visiting US troops who came to was questioned. She was Subic for rest and recreation. accused of being a “loose” Their presence in the Philippines woman, a “flirt” and a is part of the privileges granted prostitute. She was accused of to US troops under the Visiting going to Subic in order to catch Forces Agreement (VFA) an American husband so she between the United States of could go to the US. America and the Philippines. This is all part of victim The case is the first to be filed 24 Human Rights FORUM Ang hatol: Mga aktibistang kababaihang sumuporta kay Nicole. VANNIE SARILAYA volunteer ANG MAPANOOD ko ang balita tungkol sa Pilipinang si Nicole na ginahasa ng sundalong Amerikano na si Daniel Smith, naitanong ko sa aking sarili: paano kung ako si Nicole? Paano ko haharapin ang mga batikos, paninisi at insulto ng karamihan, lalo na ng Ngobyernong inaasahan kong magtatanggol sa aking karapatan bilang babae na nilapastangan ng mga dayuhan sa sariling bayan? Setyembre 2006 nang nag-umpisa akong sumama sa mga meeting, forum at mga kilos protesta ng TFSR upang isigaw ang katarungan para kay Nicole na pilit hinahadlangan ng mga taong nasa gobyerno dahil sa usapin sa Visiting Forces Agreement (VFA). Kung minsan ay tumutulong ako sa paggawa ng mga slogans at effigy na gagamitin para sa pagkilos. “Gusto kong makatulong kay Nicole, kahit sa maliit na paraan”, ito ang aking nasa isip. Gusto kong makisimpatya kay Nicole at sa marami pang kababaihan na naging biktima ng mga sundalong Amerikano na wala nang ginawa kundi pagsamantalahan ang kahinaan, kahirapan at kamangmangan ng kanilang biktima. Ang mga isiping ito ang nag-udyok sa akin upang sumama sa mga grupo na nakikibaka upang makamtan ni Nicole ang hustisya at tuluyang maibasura ang VFA. Sa wakas, nagkaroon ng saysay ang hirap, pagod at panahon na ibinigay ng TFSR at ni Atty. Evalyn Ursua upang manalo sa kaso. Salamat at mayroon pa ring mga tao na Photos by PJR/LITO OCAMPO gaya ni Judge against US personnel under the Benjamin Pozon na nanindigan para sa hustisya at katarungan. VFA. It will be the litmus test of Nakalulungkot lang isipin na sa kabila ng pagkapanalo ni the VFA. Nicole sa kaso, ang hustisyang nakamit ay hindi naging ganap The VFA is an agreement dahil sa lihim na paglilipat kay Smith noong Disyembre 29 sa entered into by the Philippines kustodiya ng Embahada ng Amerika. Sinamantala ng mga taong and the United States on nasa likod ni Smith at ng administrasyon ang panahong abala February 10, 1998. It was ratified ang mga tao sa nalalapit na bagong taon upang ipuslit ang rapist by the Philippine Senate in 1999, na si Smith. despite fierce public protests. Akala ko ay matutuldukan na ang hirap ni Nicole at ng mga The VFA provides participating grupong sumuporta sa kanya dahil sa nahatulan na si Smith. American soldiers and civilian Hindi pa pala. Sa halip ay panibagong pakikibaka na naman ang contingents with special rights kinakaharap upang mabawi si Smith sa kustodiya ng Amerika at 1 and privileges. Among these tuluyang maikulong. special rights and privileges are Marami akong natutunang bagay bilang babae na hindi ko the exemption of US troops and alam noon. Mga realisasyon na ngayon lang sumagi sa utak ko. civilians from the following Naging madali para sa ilan nating kababayan ang humusga dahil rules and regulations: passport hindi sa kanila o sa kaanak nila nangyari ang nangyari kay Nicole. or visa, driver’s license, car Naisip ko na walang sinumang babae sa mundo ang gugustuhing registration and custom duties maging kasing “popular” ni Nicole sa ganitong paraan. and taxes. The VFA also Hindi pa tapos ang laban ni Nicole. Hindi magiging madali provides US personnel para sa atin ang muling mabawi si Smith dahil na rin sa unrestricted movement within pakikipagsabwatan ng ilang opisyal ng gobyerno sa mga the country and unlimited Amerikano. duration of stay. Human Rights FORUM 25 Under the agreement, US up at the losing end of this personnel accused of criminal relationship with the United acts or non-bailable heinous States. crimes shall be under the DILG Secretary Puno tried to custody or authority of the calm the storm of protests by United States. They shall not be saying that Smith remains in the required to remain in jail.2 This country and he will be closely provision completely monitored by the DILG. disregards and shows disrespect Technically, Smith is out of the for Philippine Laws. Republic country. The US embassy is Act 8353 or The Anti-Rape Law foreign territory. The DILG still of 1997 defines rape as a heinous has to coordinate with the US crime and is therefore non- embassy if they want to monitor bailable. Thus, the accused the whereabouts of Smith. should remain in jail in the The transfer of Smith is a course of the trial. plain sell-out. It is a betrayal of The Philippine government, Philippine sovereignty. It is a being the ultimate lackey to US clear disregard for the rule of interests, refused to secure or law. press for custody of the accused. They even justified the act as But what of Nicole? something “noble,” because this Regardless of the results of would protect US-RP Photos by PJR/LITO OCAMPO the case, it is important for relationship. Thus, throughout Nicole to heal, to find closure the trial, the four accused US like a covert operation. It was is to implement the decision of and, hopefull to move on. Her marines remained under the US conducted in the middle of the the court. That should be the family and friends should also custody and stayed at the US night when most Filipinos were course of action of every be included in the healing Embassy. asleep. It was also done on the government that respects the process because they are last working day of the year and rule of law. Choosing between Nicole’s support system. It is Hollow victory at a time when most Filipinos two evils should never be an important that they also be Despite the lack of support were occupied with the holiday option. healed so they can be strong for obviously shown by the season. It was one cruel joke. It Second, handing over Smith Nicole. Department of Justice (DOJ) and was a betrayal and an insult to to US custody in the name of This is not to say that the majority of the public Nicole and to Philippine protecting US-RP “special custody issue is not important. prosecutors, Daniel Smith was sovereignty. friendship” makes a mockery It is very important. The convicted of rape without Adding insult to injury, DOJ not only of laws but also of resolution of the issue will be reasonable doubt by Judge Secretary Raul Gonzales even international relations. helpful for Nicole, her family Benjamin Pozon on December had the gall to claim that Friendship among nations is and friends. But we should not 4, 2006 and was sentenced to transfering Smith to the US based on equality, trust and lose sight that Nicole’s well- reclusion perpetua. He was embassy was better than giving respect. The VFA heavily favors being is equally important. ordered to be detained at the him a pardon. Perhaps the and is advantageous to the Lastly, the transfer of Smith Makati City jail. (However, the Secretary had let on more than United States. Their soldiers get illustrates that we cannot fully three other US Marines were he wanted to reveal. Perhaps special rights and privileges. In rely on the law and the acquitted). As expected, Smith’s that was the plan all along: Give exchange for that, what do we government to protect women lawyers and the US Embassy Nicole the trial that she wants get? We receive special combat from violence. We have to go asked that Smith should remain and provide her with training against terrorist attacks back to the basics of community under US custody.
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