Cablegate: Statement and Press Guidance On Verdict in Subic Case

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UNCLAS SECTION 01 OF 02 MANILA 004760

SIPDIS

STATE FOR EAP/PD
SIPDIS

E.O. 12958: N/A
TAGS: PREL MARR KCRM CASC KPAO RP
SUBJECT: STATEMENT AND PRESS GUIDANCE ON VERDICT IN SUBIC CASE

REF: MANILA 4718

1. Embassy believes that it is likely a verdict in the Subic case
will be announced on November 27, 2006. In anticipation of that
announcement, Embassy would like the Department, the Department of
Defense and III MEF to have the following statement and contingency
press guidance, which we would plan to deploy, as appropriate, after
a verdict has been announced by a Philippine judge.

2. (Begin proposed statement) The U.S. Embassy notes the decision of
the Philippines court in the case of the four U.S. service members
accused of involvement in the alleged rape of a Filipina citizen on
November 1, 2005.

(2nd paragraph - if all acquitted)
With their acquittal on criminal charges, the four U.S. service
members will return directly to their military unit. The U.S. Naval
Criminal Investigation Service will now complete its own
investigation of this case.

(second paragraph - if some convicted, some acquitted)
With their acquittal on criminal charges, [name(s)] will return
directly to their military unit. The U.S. Naval Criminal
Investigation Service will now complete its own investigation of
this case. [Name(s)] will remain in U.S. custody until the
completion of all judicial proceedings, as stipulated in the
Visiting Forces Agreement.

(second paragraph - if all convicted)
The four individuals will remain in U.S. custody until the
completion of all judicial proceedings, as stipulated in the
Visiting Forces Agreement.

This has been a difficult and emotional matter for all involved, and
for their families and friends. The U.S. Government has adhered
throughout to the terms of the Visiting Forces Agreement (VFA),
which provides the framework for U.S.-Philippines cooperation on
legal cases involving U.S. service members.

3. Begin "if asked" questions and answers:

Q: What will happen to the Marines who were not convicted?

-- Those individuals who were acquitted will return directly to
their military unit. The U.S. Naval Criminal Investigative Service
will now complete its own investigation of this case.

Q: Will the convicted Marine(s) appeal the verdict?

--That is a decision for them to make with advice from their legal
counsel.

Q: Where will the convicted Marine(s) serve out their sentence?

--If convictions are upheld, experts from our two governments will
determine appropriate confinement facilities, as provided for in the
VFA.

Q: Will the U.S. now give up custody of the convicted Marine(s)?

-- Convicted individuals will remain in U.S. custody until the
completion of all judicial proceedings. If convictions are upheld,
experts from our two governments will determine appropriate
confinement facilities, as provided for in the Visiting Forces
Agreement.

Q: If the Philippine government requests an immediate transfer of
custody in light of the conviction(s), will the U.S. government
agree?

--The U.S. government would take such a request into full account,
as stipulated in the Visiting Forces Agreement.

Q: What will happen to the individual(s) acquitted if there is an
appeal from the prosecution? Will they remain in U.S. custody?

--In such a hypothetical situation, the USG will be guided by the
Visiting Forces Agreement.

Q: Do you think this was a fair and just verdict?

-- This has been a difficult and emotional matter for all involved,
and for their families and friends. The Visiting Forces Agreement
provides a framework for U.S.-Philippines cooperation on legal cases
involving U.S. service members.

Q: Is now the time to address amending the VFA?

--We believe that the Visiting Forces Agreement is an effective and

MANILA 00004760 002 OF 002

mutually beneficial agreement.

(End "if asked" questions and answers)

KENNEY

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