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Cablegate: Marine Case Update 04/30/2007

VZCZCXRO0807
OO RUEHNH
DE RUEHML #1369 1200747
ZNR UUUUU ZZH
O 300747Z APR 07
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6301
INFO RUEHNH/AMCONSUL NAHA IMMEDIATE 0101
RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE

UNCLAS MANILA 001369

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL MARR KCRM CASC RP
SUBJECT: MARINE CASE UPDATE 04/30/2007

1. (SBU) Following his discharge on April 26 from Asian
Hospital and Medical Center in Metro Manila, Lance Corporal
Daniel J. Smith returned immediately to his quarters on the
Chancery grounds. During his two-day hospitalization, he
underwent surgery for a non-life threatening condition.
Personnel from the Regional Security Office and III Marine
Expeditionary Force remained with him in the hospital. He
now appears to be in good condition, albeit in some pain.

2. (SBU) Embassy medical personnel had initially admitted
Smith under an assumed name at the Makati Medical Center on
the afternoon of April 24. Local media learned of Smith's
hospitalization, and a gaggle of reporters appeared at the
Makati Medical Center. For security reasons, and upon advice
of the RSO and MED, the Embassy team moved Smith that night
to the Asian Hospital, effectively eluding reporters.

3. (SBU) Several stories appeared in the media regarding
Smith's whereabouts and medical condition, raising concerns
at Post regarding Smith's privacy rights. According to
Embassy medical staff, it appears very likely that Smith will
require further hospital visits. After discussing in Mission
working group, Post intends in future to inform Philippine
authorities when Smith has been hospitalized; assure them of
continued access upon request; decline to discuss his
whereabouts or condition due to Privacy Act concerns; and ask
authorities to refrain from comment to the media. If
necessary for Smith's security, Mission will call on
assistance of police. Post will meet with appropriate
Philippine government officials to apprise them of Privacy
Act concerns, emphasizing that Smith retains his rights under
this act but that he will nonetheless remain effectively in
U.S. military custody, under the terms of the Visiting Forces
Agreement, even while hospitalized.

4. (SBU) Smith's attorney advised III Marine Expeditionary
Foce officials that he will submit Smith's appellatebrief
to the Court of Appeals o/a May 1. Deadlin for submission
is May 19.

Visit Embassy Mania's Classified SIPRNET website:
http://www.statesgov.gov/p/eap/manila/index.c fm

You can also acess this site through the State Department's
Clasified SIPRNET website:
http:// www.state.sgov.go/
KENNEY

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