RP to US: Give MJ humane treatment

The Philippine government has sought humane treatment from the United States for Manila Rep. Mark Jimenez.

Foreign Affairs Secretary Blas Ople assured the public that "Jimenez is safe, the Philippine government has been allowed access to him and his family has been informed of his status and condition."

"We had requested that Representative Jimenez not be handcuffed and I have been informed that when he arrived in Guam from Saipan, he was no longer handcuffed," Ople added.

In reaction to news reports that Jimenez complained he had been handcuffed, Ople said, "I have received assurances from United States officials that Representative Jimenez is being given the full protection of US laws in accordance with the bilateral extradition treaty."

Vice President Teofisto Guingona Jr. and some congressmen protested that Jimenez had been kidnapped and the Philippines had been insulted by the United States. But Malacañang said the Philippine legal process triumphed in the voluntary departure of Jimenez Thursday night.

Jimenez voluntary left for the US to face criminal charges including mail fraud, illegal campaign contributions and tax evasion.

Palace officials led by Press Secretary Ignacio Bun-ye and Presidential Spokesman Rigoberto Tiglao yesterday billed the credit for Jimenez’s extradition to the government’s capability to enforce its laws and comply with the country’s international obligations.

"We can say that through this extradition, we have shown the capability of our government to enforce its laws. So this is a triumph of our legal process and we have shown that (there is) the equal application of the laws," Bunye said.

"We know how influential Mr. Mark Jimenez is. He’s a member of the House of Representatives and yet, when the decision of the court came, we just have to implement this," he said.

Guingona said in a statement Jimenez’s handcuffing "is a violation of the rights in voluntary extradition. It is also a breach against an agreement to treat (Jimenez) with due respect and dignity... it degrades a Filipino, disregards agreements entered into in good faith — and, worse, insults a nation!"

Upon learning of Jimenez’s diversion to Saipan, opposition Rep. Didagen Dilangalen said the Americans "effectively kidnapped" Jimenez.

"This would not have happened had this administration (taken the) effort to protect the rights of Congressman Jimenez. If it can happen to him, it can happen to any Filipino," Dilangalen said.

House Majority Leader Neptali Gonzales II expressed what he described as his colleagues’ collective concern over the sudden change of itinerary in the Manila legislator’s voluntary return to Florida.

"The government should move fast to inquire what the Americans did to (Jimenez) and to protect his rights," he said.

Meanwhile, Tiglao said President Arroyo has made official representations, through the Department of Justice (DOJ), asking that Jimenez not be handcuffed while in transit to the US.

"The (DOJ) here requested (that Jimenez not be cuffed) but, unfortunately, the Federal Bureau of Investigation and the Marshall’s Office have very strict procedures, which we are not in a position to change. They have set rules and we cannot impose upon them how to handle (the situation)," Tiglao said.

However, he also said "we were assured that Congressman Jimenez would be treated with the dignity of a human being and even of a congressman and all of his civil and human rights are being properly respected," he added.

Besides being given food and drink and allowed contact with Philippine consular officials, Jimenez was permitted to have a pillow designed to mitigate the choking hazard presented by his sleep apnea disorder.

Although the President’s request that Jimenez not be handcuffed was politely turned down, Tiglao said, it was reiterated in Saipan by Philippine consul Marcos Punsalang in Saipan, Jimenez’s first stopover en route to Miami for his bail hearing.

"The FBI informed us that they would have to follow all of the requirements as they have a standard operating procedure there," Tiglao said.

Jimenez boarded a Continental Airlines flight from Saipan to Guam at 5:30 p.m. and was airborne by 6:10 p.m. Word was also sent to Guam for increased airport security preparatory to Jimenez’s arrival, though officials in Saipan’s airport refused to make any statements on the matter.

Tiglao also said the Philippines "passed the international test of the country’s capability to enforce its laws" when it ensured the extradition of Jimenez and other previous cases of extradition against fugitives from US laws who fled to the Philippines.

Extradition treaties, Tiglao said, are part of the process of "recognizing (that) a country is capable to enforce the rule of law ... In this case, we think it’s a very significant victory for our justice system to really implement the extradition treaty (with the US)."

"If we failed this test," Tiglao said, "it would be a very big embarrassment for our country."

"What is at stake here is not only our ability to enforce the law, but our international standing, the capability to enforce our treaty obligations. (The) extradition treaty is one of the most important treaties signed between two nations because it assumes that each country has (the) capability to implement the treaty," he added.

Bribe charges

Tiglao doused criticisms by Jimenez and his supporters that Mrs. Arroyo pushed for the Manila lawmaker’s extradition without acting decisively on the bribery charges Jimenez filed against Justice Secretary-on leave Hernando Perez.

Jimenez earlier sued Perez for extorting $2 million from him in exchange for a legal opinion favoring the Argentine power firm Industrias Metalurgicas Pescarmona SA (Impsa). The money, Jimenez said, was transmitted to Perez through an electronic transfer to Coutts Bank Hong Kong account No. HO 13706.

Instead of lowering the boom on Perez, Jimenez said, the President even extended the 30-day official leave she granted Perez.

"(The President’s) official decision is to give (Perez) a few more days to be on leave so that he may give himself a chance to present his side and clear himself (of) these charges," Tiglao said.

Tiglao and Bunye shrugged off Jimenez’s threats that he would return to the Philippines as soon as possible and launch more "exposes" that will bring down the Arroyo administration. These exposes, Jimenez said, were the reason behind his hurried extradition.

"(Jimenez’s threatened string of exposes) has nothing to do with (his extradition). As I said, the process was followed to the letter and it was followed according to the agreement reached by the parties (concerned)," Bunye said, despite reports from Jimenez’s family and supporters in the House that Jimenez was handcuffed in Saipan — a violation of the agreement among the US Embassy, Malacañang and Speaker Jose de Venecia Jr.

US embassy officials, however, said there was no specific agreement reached about handcuffing. Jimenez’s flight was diverted to Saipan from Guam because he was originally scheduled to attend a bail hearing there. However, the hearing was due to a dispute over the venue for the hearing. It was decided the hearing would be held in Florida, where the alleged crimes were committed.

Bunye also underscored the fact that Jimenez’s departure for the US was "voluntary on the part of Mr. Jimenez," who, along with his lawyers, negotiated the extradition arrangements with officials of the US Embassy in Manila last week.

He also expressed the Palace’s relief and thanks to all parties concerned that Jimenez was extradited without any untoward incidents.

Chief State Prosecutor Jovencito Zuño said Jimenez’s extradition is a major victory for the Department of Justice. "In my personal assessment, it’s an accomplishment of the DOJ," he said.

The Jimenez case, Zuño said, was one of the most difficult state lawyers handled so far. "This could be one of the biggest extradition cases the DOJ has handled," he said.

The case was so difficult, Zuño said, that former President Joseph Estrada even fired former justice secretary Serafin Cuevas over the slow progress of the case.

Perez was not spared the problems that plagued the extradition case against Jimenez. "(Perez) has suffered so much because of this case. After going through this case, I think this is a crisis that we survived. In a way, the DOJ’s problems have been reduced," Zuño said. "This only shows that the rule of law in this country prevails."

The US Embassy praised Manila for successfully carrying out the extradition of Jimenez despite the Manila lawmaker’s three-year fight against efforts to send him to the US to face the criminal charges against him.

Embassy spokeswoman Molly Stephenson said Jimenez would be arraigned within 24 hours of his arrival in America.

"The embassy congratulates the government of the Philippines for demonstrating that no one is above the law," she said.

Stephenson assured the public that Jimenez "will be given the full protection of the US law when he is there."

Jimenez faces at least five years in prison if convicted of any of the charges of fraud or tax evasion filed against him by the US justice department before a Miami, Florida court. He is also accused of conspiracy, making false statements and making illegal campaign contributions.

Jimenez was indicted in Miami in 1999, but he fought his extradition in a Philippine court and last year won a seat in the House of Representatives. — With Delon Porcalla, Liberty Dones, AFP