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US marines to appear for rape
23/11/2005 13:29 - (SA)
Olongapo - Six United States marines accused of raping a Filipina woman are due to appear before prosecutors on Wednesday in what is seen as a litmus test for a treaty that protects American troops serving here.
The six were in US custody and were expected to deny allegations by a 22-year-old Filipina that they raped her in a van earlier this month.
The servicemen were part of a US contingent that was taking part in joint exercises in the former US naval base of Subic at the time.
The case had drawn widespread media attention in this former American colony and human rights advocates said it had opened up old wounds caused by past abuses.
Criminal prosecution
US diplomats had refused to turn the men over to Philippine authorities and had invoked the "visiting forces agreement".
The treaty, forged in 1998, granted limited immunity to criminal prosecution to US troops after they were engaged in joint manoeuvres in this country.
Prosecutor Raymond Viray said: "This is a test case for the VFA. This is the first time that we are investigating US servicemen under the treaty.
"We expect the soldiers and their lawyers to be here, and we will also be presenting five witnesses with corroborative statements backing up the alleged victim."
Soldiers detained
The Americans were expected to deny any wrongdoing. Another round of investigations was set for November 29, after which prosecutors would determine whether there was probable cause to charge them in court.
If a case against them was established, the soldiers would be arrested and detained in local courts and tried in the Philippines.
Rape was punishable by life imprisonment or death, if there were aggravating circumstances.
Viray said one of the six US servicemen he identified as Albert Lara had specifically asked to be able to challenge the alleged victim - whose identity had been withheld - face-to-face before the prosecutor.
Primary jurisdiction
Philippine foreign secretary Alberto Romulo had asked the US embassy to turn over the suspects, citing the sensitivity of the case.
Romulo said: "The US government has been made fully aware of the importance that the Philippine government and the Filipino people are giving to this case, as well as our sentiments and position that the Philippines has primary jurisdiction."
On Wednesday, leftist militants converged outside the prosecutors' offices in Olongapo, carrying banners and shouted slogans calling for the Americans to leave the Philippines.
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