US embassy cable - 05MANILA5138

UNCLAS SECTION 01 OF 03 MANILA 005138 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EAP DAS JOHN AND EAP/MTS 
 
PACOM ALSO FOR FPA HUSO 
 
E.O. 12958:  N/A 
TAGS: PREL, MARR, PHUM, RP 
SUBJECT:  MANAGING THE IMPACT OF THE ALLEGED RAPE CASE 
INVOLVING US MARINES 
 
REF:  A.  COMPACFLT PEARL HARBOR HI 030112Z NOV 05 
 
--       B.  OPREP-3/CTF 76.4/022000Z NOV 05 (NOTAL) 
 
 
1.  (SBU)  Embassy's proactive consultations with Department 
of Foreign Affairs officials, briefing of political leaders, 
and interactions with media appear to have focused political 
and media attention constructively on cooperation between 
U.S. and Filipino authorities, according to the Visiting 
Forces Agreement, in the alleged case of rape involving five 
U.S. Marines.  The decision for the five suspects to 
disembark from the USS Essex and remain in the Philippines 
under U.S. custody as the Philippine investigation proceeds 
(ref a) was essential to our ability to manage public and 
political perceptions in this highly emotional case.  After 
consulting with DFA officials early on November 3, CDA 
briefed key congressional leaders on the U.S. approach to 
the case.  Once the news broke on Manila TV at midday, 
Embassy released a public statement (para 5; press guidance 
at para 6).   CDA met Foreign Secretary Romulo in the 
afternoon, after which CDA was interviewed by TV and print 
journalists outside Romulo's office.  In each interaction, 
we conveyed our intent strictly to adhere to the Visiting 
Forces Agreement (VFA), make the suspects available to 
Filipino authorities as provided for by the VFA, and 
cooperate fully with Filipino counterparts as our respective 
investigations proceed. 
 
2.  (SBU)  CDA telephoned early on November 3 Chairman of 
the Senate Foreign Relations Committee Miriam Defensor 
Santiago, Chairman of the House Foreign Affairs Committee 
Antonio Cuenco, Senator Dick Gordon (whose political base is 
in Subic, where the alleged incident took place), and the 
Chairman of the Subic Bay Metropolitan Authority.  All 
interlocutors welcomed our proactive briefings and the 
cooperative U.S. approach to the alleged incident.  Senator 
Santiago and Congressmen Cuenco underscored the importance 
of the suspects having remained in the Philippines after 
their ship departed to manage constructively political and 
public perceptions.  Senator Santiago later released a 
positive press statement, highlighting the need to uphold 
the VFA. 
 
3.  (SBU)  In a meeting with Foreign Secretary Alberto 
Romulo on November 3, CDA  expressed appreciation for 
cooperation from the DFA and in particular from the VFA 
Commission as both governments begin to handle this 
sensitive case.  He pledged that we would strictly adhere to 
the VFA.  He noted that US military authorities were 
conducting their own investigation, as such alleged acts 
would constitute violations of US military and criminal law. 
Romulo separately issued a statement, which noted that the 
"US Embassy did not allow the accused to join the schedule 
departure of their ship this morning and has given the 
assurance that the accused will be made available to our 
authorities."  Romulo and CDA had separate sessions with TV 
and print journalists.  In addition to drawing from Embassy 
guidance, CDA pointed out that the suspects were innocent 
until proven guilty and expressed condolences to the victim 
and her family. 
 
4.  (SBU)  Comment:  In this first day, we appear to be 
succeeding in managing the political and public fall-out of 
this case.  Had the accused Marines departed with their 
ship, the political fall-out would have been completely 
different.  We will closely track public and political 
perceptions as the investigations continue to ensure that 
this case does not detract from our ability to hold 
exercises in the Philippines in the future or distract from 
cooperation in counter-terrorism and other issues.      End 
comment. 
 
5.  (SBU)  Text of U.S. Embassy Statement Follows: 
U.S. Embassy Manila November 3, 2005 
 
Statement:  Alleged Rape Incident Involving U.S. Marines in 
Subic 
 
Five U.S. Marines are alleged to have been involved in the 
rape of a Filipina citizen, which allegedly occurred in 
Subic on November 1, 2005.  The five U.S. Marines are 
currently in the Philippines under the responsibility of the 
U.S. Embassy in Manila. 
 
The Visiting Forces Agreement (VFA) provides the mechanism 
for U.S. and Filipino authorities to work together to 
determine the facts of the case and to ensure that accused 
individuals are available to both Filipino and U.S. 
investigators, since the allegations would be crimes under 
both Filipino and U.S. law.  The U.S. will strictly adhere 
to the provisions of the VFA, and will cooperate closely 
with Philippine authorities to ensure this case is handled 
fairly and that justice is done. 
 
The U.S. takes reports of violations of U.S. and Philippine 
law by U.S. military personnel very seriously, and will 
fully cooperate with the Philippine authorities in the 
investigation of this incident. 
 
6.  (U)  EMBASSY MANILA PRESS GUIDANCE, November 3, 2005 
 
Alleged Rape Incident Involving U.S. Marines in Subic 
 
Q:  Have a group of US Marines been charged with the rape of 
a Filipina citizen in Subic while they were on shore leave? 
 
- Five U.S. Marines are alleged to have been involved in the 
rape of a Filipina citizen, which allegedly occurred in 
Subic on November 1, 2005.  The five U.S. Marines are 
currently in the Philippines under the responsibility of the 
U.S. Embassy in Manila. 
 
The Visiting Forces Agreement (VFA) provides the mechanism 
for U.S. and Filipino authorities to work together to 
determine the facts of the case and to ensure that accused 
individuals are available to both Filipino and U.S. 
investigators, since the allegations would be crimes under 
both Filipino and U.S. law.  The U.S. will strictly adhere 
to the provisions of the VFA, and will cooperate closely 
with Philippine authorities to ensure this case is handled 
fairly and that justice is done. 
 
The U.S. takes reports of violations of U.S. and Philippine 
law by U.S. military personnel very seriously, and will 
fully cooperate with the Philippine authorities in the 
investigation of this incident. 
 
Q:  Where are the five U.S. Marines now?  Are they in 
Filipino or U.S. custody? 
 
The five Marines are in the Philippines, under the 
responsibility of the U.S. Embassy in Manila. 
 
Q:  We heard that one US Marine was released back to the U.S 
military and left the country.  Was he involved? 
 
One U.S. Marine was briefly detained on charges of rape, and 
was later released to the U.S. military when it was 
determined he had no role in the alleged incident. 
 
Q:  How will this case be handled between the U.S. and 
Filipino authorities? 
 
The question of criminal jurisdiction over visiting US 
forces is covered in the U.S.-Philippines Visiting Forces 
Agreement.    Officials from the U.S. Embassy and U.S. 
military are working with Filipino officials to determine 
the facts of the case. 
 
Q:  Does this case threaten future U.S.-Philippines joint 
military cooperation? 
 
The U.S. and the Philippines have a robust and active 
military-to-military partnership which includes numerous on- 
going activities, such as assistance to Philippine Defense 
Reform (PDR); counter-terrorism training; intelligence 
fusion support; annual exercises; civil military operations; 
senior official visits; international military education and 
training programs; and advice and support for logistics, 
engineering, equipment, and maintenance. 
 
We expect this cooperation will continue. 
 
Q:  Doesn't this case show that U.S. soldiers are a danger 
to the Filipino people when they are here on duty or on 
leave? 
 
U.S. military personnel visiting the Philippines are made 
aware of Philippine culture and sensitivities, and their 
obligation to respect Philippine and U.S. laws.  They also 
understand that they are fully accountable for their 
behavior.  Tens of thousands of American service members 
have trained with their Filipino counterparts in past years, 
without negative incidents. 
We take any reports of inappropriate or illegal behavior 
very seriously, and investigate any such reports thoroughly, 
in cooperation with Filipino authorities. 
 
Q:  Names of the Marine involved?  Further details on the 
alleged incident? 
 
The incident is currently under investigation.  Appropriate 
details will be released once the investigation is complete. 
JONES