Groups to storm US embassy for Pemberton's turnover

MANILA, Philippines - Militant group Bayan on Thursday said that its members will storm the US embassy in Manila on Thursday to demand the turn over of an American soldier suspected of killing a Filipino transgender in Olongapo City, Zambales.

As murder raps were filed late Wednesday by the family of Filipino transgender Jennifer Laude, groups are demanding that the Philippine government take custody of Private First Class Joseph Scott Pemberton

"In the interest of justice, and in upholding our sovereignty, the Philippine government must assert jurisdiction and custody over Pemberton. The United States should stop thinking that it is still 1902, that it can violate our sovereignty and dignity with impunity,"Bayan secretary general Renato Reyes Jr.said.

"The US refusal to surrender Pemberton to Philippine authorities shows how it regards our country. The US doesn’t look at us on an equal footing. The entire Visiting Forces Agreement (VFA) is premised on unequal relations. There is no mutuality in our relations," he added.

He said that justice for Laude cannot be realized if the Philippine government confines itself to the limits imposed by the VFA.

"The strategy of the US in the Daniel Smith rape case was to wear out the complainant. They may also attempt to do that in this case, using the limitations and hurdles found in the VFA," Reyes said.

In a radio dzMM interview, VFA commission executive director Eduardo Oban said that the Philippine government can demand the custody of Pemberton from the US only after an arrest warrant is issued by the local courts.

"Once magkaroon ng legal proceedings 'yan at naisampa na po ang kaso at nag-isyu ng warrant of arrest, I think that's a good time for the Philippine government para hingin [ang] turn-over [ng] suspect to Philippine authority," Oban said in the radio interview.

Oban, however, clarified that the US can still turn down the request without violating guidelines of the VFA.

Reyes, meanwhile, said that no American soldier has ever been convicted under the VFA.

In cases where there is death or injury resulting from the conduct of military exercises, the US government usually settles with the victims or their families. This was the case of the fisherman in Basilan who died when his motorized pump boat collided with a sea vessel belonging to US troops on Apr. 18, 2012.

However, Reyes believes that the US government and Pemberton cannot simply get off the hook in a murder case.

"The US refusal of the US government to turn-over Pemberton should be considered a ground for the termination the VFA. It would end any and all US military exercises and port calls in the Philippines. The termination of the VFA would also render Enhanced Defense Cooperation Agreement inoperable since US troops can no longer conduct activities inside Philippine territory," Reyes said.