DOJ chief: Vague phrase in SC ruling may allow Smith detention in US

MANILA, Philippines - Justice Secretary Raul Gonzalez on Thursday claimed that unless the Philippine Supreme Court clarifies a vague phrase in its recent ruling, convicted rapist Lance Corporal Daniel Smith may be detained in the United States. In his “Brief Resource Paper," Gonzalez said the Supreme Court only ordered the Department of Foreign Affairs (DFA) to negotiate with US representatives toward an agreement on detention facilities for the convicted U.S. serviceman under Philippine authorities. It would seem that places or facilities in other countries considered as “under Philippine authorities" like Philippine embassies might qualify as possible detention location for Smith, Gonzalez said. He stated in his resource paper that the phrase “under Philippine authorities" is vague and could mean the location be found “beyond the territorial boundaries of the country or actually within the United States." He also stated that another provision in the Visiting Forces Agreement (VFA) prohibits American servicemen from engaging in an offensive in Philippine territory, but the treaty is silent on how American troops should behave when attacked. “Its silence on the troops’ participation in case of self-defense can be construed as affirmation that it may do so," Gonzalez added. The High Court last February 11 thumbed down an executive agreement that allowed Smith’s detention at the US Embassy, saying that the deal was violative of the VFA. The Tribunal ruled that Smith should be detained “under Philippine authorities" as it directed Foreign Affairs Secretary Alberto Romulo and US ambassador Kristie Kenney to “forthwith negotiate" where he should be detained. - C. Lorenzo/S. Dedace, GMANews.TV