Pinay transgender slay proof US military presence never good for us Via Center law CENTERLAW release Reference : Professor Harry L. Roque, Jr. 09175398096 The alleged killing by a U.S. Marine of a Filipina transgender in Subic Bay is proof that the presence of foreign troops on Philippine soil will never work for the national interest, according to human rights lawyer Harry Roque. “We should already learn from history, foreign military presence and national interest do not mix well,” said Roque. Roque, Chairperson of Center for International Law, a think-tank dedicated to the promotion of international legal norms in Philippines and Asia, who also teaches constitutional law and international law at the University of the Philippines College of Law, is one of the petitioners challenging the Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the United States. According to Roque, the agreement, which expands the presence of US military forces in various parts of the country, violates the constitutional bar to the establishment of US military bases in the country. Earlier, Jeffery Laude, also known as “Jennifer,” a 26-year old transgender, was found in the toilet of a room at Celzone Lodge late Saturday in Olongapo City. Police said the victim was apparently strangled to death after checking into a room at the lodge near the former US military base at Subic Bay with a “male, white foreigner”, later on identified as a US marine personnel. Roque said Laude’s case recalls yet again the iniquitous provisions of the Visiting Forces Agreement on detention facilities for US servicemen found guilty of violating Philippine laws. EDCA is being pushed by the Philippine government as a necessary supplement to the VFA, to enable the country to better address Chinese incursions in the West Philippine Sea. Roque had served as counsel in a petition questioning the VFA in the wake of a conviction by the Makati City Regional Trial Court of US serviceman Daniel Smith in 2006 for the rape of a Filipina, Suzette Nicholas, also in Subic Bay. Roque filed the petition after Philippine authorities summarily transferred Smith from the Makati City jail to the US Embassy before he could be formally turned over to the National Penitentiary. Ruling on the petition, the Supreme Court said the VFA’s constitutionality is not open to question. However, it also said that the Philippines and United states should renegotiate the terms of the VFA in regard to detention facilities under Philippine authorities for US servicemen found guilty of crimes in the country. In February 2013, in a motion for execution, Roque asked the High Court to compel the Department of Foreign Affairs to renegotiate the relevant provisions of the VFA in accordance with the Supreme Court’s ruling in the Nicholas case. Early this year, the High Court denied the petition, saying it does not have jurisdiction to hear a motion for execution. On motion for reconsideration, it said US and Philippine authorities have already met to discuss the question of detention facilities, with the Philippines proposing the AFP Custodial Center as an “agreed facility.” -30-
Posted on: Tue, 14 Oct 2014 04:32:56 +0000