UPDATE ON ALLEGED RAPE CASE INVOLVING US MARINES

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 -------------- ¶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