US embassy cable - 05MANILA5300

C O N F I D E N T I A L SECTION 01 OF 02 MANILA 005300 
 
SIPDIS 
 
STATE FOR EAP, EAP/MTS, EAP/MLS, AND L/EAP 
USPACOM ALSO FOR FPA HUSO 
SECDEF/OSD/ISA/AP FOR ALLEN 
 
E.O. 12958: DECL: 11/10/2015 
TAGS: PREL, MARR, ASEC, PHUM, PGOV, PINS, KCRM, RP 
SUBJECT: UPDATE ON ALLEGED RAPE CASE INVOLVING US MARINES 
 
REF: A. MANILA 5231 
     B. MANILA 5138 
     C. COMPACFLT PEARL HARBOR HI 030112Z NOV 05 
     D. OPREP-3/CTF 76.4/022000Z NOV 05 (NOTAL) 
 
Classified By: (U) Charge d'Affaires, a.i., Paul Jones 
for reasons 1.4(b) and (d). 
 
1.  (C) SUMMARY.  Amid continued heightened press coverage of 
the alleged rape case involving six US Marines, Visiting 
Forces Agreement Commission (VFACOM) Executive Director 
Paredes visited the Embassy November 10 to verify that the 
individuals remained in US custody.  In a private meeting 
with the Charge, Paredes pledged to work closely with US 
officials to avoid surprises and promote a fair 
investigation.  He said he was available for any quiet 
consultations that may prove necessary as the case unfolds. 
Charge strongly discouraged Paredes from requesting custody 
of the Marines; Paredes advised that the government may need 
to make that request for political reasons, understanding it 
would likely be rejected.  We believe that either a 
Philippine request for custody, or a US request for 
jurisdiction is not/not advisable at this time, since its 
likely rejection would inflame public opinion and make 
government-to-government cooperation in the case more 
difficult.  The Philippine Chief State Prosecutor promised on 
November 10 to contact the Olongapo prosecutor handling the 
case to ensure full cooperation with the ongoing Naval 
Criminal Investigative Service (NCIS) investigation.  END 
SUMMARY. 
 
2.  (C) VFACOM Executive Director Undersecretary Zosimo Jesus 
"Jess" Paredes visited the Embassy November 10 to verify that 
the six US marines allegedly involved in the rape of a 
Filipina (see reftels) remained physically in US custody. 
Paredes requested the meeting after unfounded press reports 
speculated that the six individuals had left or were seeking 
to leave the country. 
 
3.  (C) In his meeting with the Marines, Paredes said he was 
acting as the official representative of President Arroyo 
under the direction of Executive Secretary Ermita and Foreign 
Secretary Romulo.  He stressed that the GRP intended to abide 
 
SIPDIS 
strictly with all provisions of the Visiting Forces 
Agreement, which recognized that US military authorities 
retained immediate custody of US personnel until the 
completion of judicial proceedings.  Paredes said he was 
grateful the Marines had remained in the Philippines, noting 
that the case had "a lot of political overtones," and that 
their departure would have "enraged" the Philippine people. 
He stressed his commitment to finding the truth, saying he 
would not allow any miscarriage of justice.  "I want this 
case resolved as soon as possible," Paredes said, observing 
that, if it dragged on, it would have a negative impact on 
Philippine-American relations. 
 
4.  (C) In a separate one-on-one meeting with Charge Jones, 
Paredes reiterated his pledge to discover the truth and see 
justice done.  He said he wanted to continue to work closely 
with US officials to ensure the six Marines were given a fair 
day in court, if charged.  Paredes pledged to avoid surprises 
and promote a fair investigation.  He said he was available 
for any quiet consultations that may prove necessary as the 
case unfolds.  Charge strongly discouraged Paredes from 
requesting custody of the Marines; Paredes advised that the 
government may need to make that request for political 
reasons, understanding it would likely be rejected. 
 
5.  (C) NCIS continues to pursue an independent investigation 
to determine the facts of the case.  DOJ Attache approached 
Philippine Department of Justice Chief State Prosecutor Zuno 
November 10 for assistance in obtaining NCIS access to and 
statements from the driver of the vehicle in which the 
Marines were riding, the alleged victim, the doctor who 
examined her immediately after the alleged rape, evidence 
related to the investigation, and other interviews deemed 
relevant to the case.  Zuno promised to contact the Olongapo 
prosecutor handling the case immediately to ensure full 
cooperation with the NCIS investigation.  (Note: An attorney 
has been assigned by the government to assist the alleged 
victim.  Senator Richard Gordon told A/DCM that he had also 
made available an attorney from his previous law firm, at the 
request of the alleged victim's mother.  End Note.) 
 
COMMENT 
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6.  (C) We strongly believe that a US request for 
jurisdiction at this time would be rejected by the Philippine 
government, would inflame public opinion, and make 
government-to-government cooperation more difficult.  GRP 
official statements remain strongly supportive of the VFA and 
of ongoing US cooperation.  The case, however, continues to 
draw considerable media attention -- much of it highly 
distorted and inaccurate.  Vice President De Castro, 
Opposition Senator Joker Arroyo, and other politicians have 
repeatedly made unhelpful comments, underscoring the need for 
us to proceed carefully. 
 
 
Visit Embassy Manila's Classified website: 
http://www.state.sgov.gov/p/eap/manila/index. cfm 
Jones