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Feedback from Steven Philipps

feedback to “Tell it to the (US) Marines”

From: Steve Phillips
To: Viewpoints

Sent: Thursday, November 17, 2005 1:07 AM
Subject: BETA FEEDBACK Tell it to the U.S. Marines

Name: Steve Phillips
Email: pegasus5112@charter.net
Country Code: 01
Area Code: 817
Number: 427-3166
Address: 5112 St. Croix Ln. Ft. Worth, TX 76137
Story: http://news.inq7.net/viewpoints/index.php?index=2&col=34&story_id=55837
Message: I read Rowena Guanzon’s Nov. 8 article “Tell it to the U.S. Marines” with great interest. While I am not a Filipino, I feel compelled to respond to what threatens to create a misconception in the minds of the readers of that editorial. I am a U.S. citizen, a former service member who has spent much time in the Philippines, the father of two half-Filipino sons, and, as it happens, the 17-year husband of one of Ms. Guanzon’s former classmates. I share Ms. Guanzon’s anger over the brutal rape of the young woman. I share her desire for justice in this case, and I understand her frustration over the Visiting Forces Agreement (VFA). I feel, however, that her article will leave some with the impression that the VFA is in some way the equivalent of diplomatic immunity, which it most certainly is not. Guilty or not, those marines are in very serious trouble. If the facts of the case are indeed what Ms. Guanzon has presented, they are guilty of a very serious crime which has very serious consequences, whether or not they involve any time spent in a Philippine prison. Yes, they are being held by the U.S. embassy, and yes, they will probably receive some type of legal advice and assistance from them should they be subjected to Philippine justice. But my experience with the military tells me that this advice and assistance will be limited to ensuring that they receive a competent defense, which is the principle upon which both the U.S. and the Philippine legal systems are built upon. As an attorney, Ms. Guanzon knows this. The guarantee of competent legal defense, whether or not the accused is guilty, and regardless of the crime they have committed, is a guarantee that protects us all. The VFA is not an agreement that allows U.S. service members carte blanche access to Filipino women or blanket approval to violate Philippine law. The United states has Visiting Forces Agreements with literally dozens of countries. The Philippine VFA merely allows the U.S. military authority to discipline its own, in a situation where they are deployed for the mutual benefit of both countries. The discipline these marines will face will be harsh. Even if the facts of the case aren’t exactly as they have been reported, these marines will face harsh discipline simply for allowing a situation to develop which causes the impression of a lack of respect for Philippine law upon the U.S. military, and the Marines in particular. This whole affair is a disgrace for us. I hope for a swift resolution to this case, a resolution that will result in justice for the young woman at the center of it. Such a resolution will benefit not only her, but it will also benefit a long-standing relationship between two strong allies, the Republic of the Philippines and the United States of America.

Sincerely, Steve Phillips

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Request Date/Time: 2005-11-17 17:07:33

Hi Bing,

Thank you for your response. I did some looking around found out, from unofficial sources (http://www.asiaweek.com/asiaweek/96/0322/feat4.html), that the 3 U.S. service members accused of raping a 12 year-old Japanese girl in 1995 were turned over to the Japanese justice system and sentenced to to terms from 6 1/2 to 7 years in Japanese prison. There were also rape cases in 2001 and 2002 involving U.S. service members, and in both cases the accused were turned over to Japanese authorities, even though in one case the victim recanted her story.

—————————————————————————

After re-reading my letter, I don’t think I made it clear that I am not, in principle, opposed to the 5 U.S. marines in the Subic case being turned over to Philippine authorities. I just wanted to make the point that if they are not, it doesn’t mean that they will not face serious discipline. But since the 1995 Okinawa case, it appears the U.S. has shown less reticence to turning over its service members accused of crimes to their host countries.

Steven

4 Responses to “Feedback from Steven Philipps”

  1. thepublicthing
    November 29th, 2005 15:21
    1

    Shouldnt we also check the procedures of local authorities in any case of involvement of foreign servicemen? My concern is to prevent any future incidences like this. It happened before and seems that we never learn any lessons at all. A re-training of personnel perhaps or new investigation technics to become more capable of handling such sensitive cases like this. The world of forensics, crime investigation and physcological evaluation in the enforcement community is a continues study. We just never stop from learning other things. Look what happen, those idiots in Subic Bay never had any idea in preserving any crime scenes or evidences, they just turned over the vehicle back to its owner. Not only stupidity, but it reflects that we have to deal with upgrading their skills as well whenever we discuss any solution to the problem. It starts from there, and there we will know what really transpired.

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