He is still within US custody.

Despite being transferred to the Armed Forces of the Philippines’ Camp Aguinaldo, progressive groups as well as Sen. Miriam Defensor-Santiago slammed the failure of Philippine authorities to assert jurisdiction over US Marine PFC Joseph Scott Pemberton who is suspected of killing of Jennifer Laude.

“He had special treatment. He was flown by (an American) helicopter. He is shielded from the reaction of the public. And he has fellow Americans as guards,” said Santiago, after a Senate hearing inquiring into the jurisdiction question under the Visting Forces Agreement (VFA). Santiago was referring to the transfer of Pemberton to a “Mutual Defense Board Security Engagement Facility” in Camp Aguinaldo, as provided for under the VFA. 

The women’s group Gabriela said it was precisely because of protests by progressive groups as well as the family that the US and Philippine authorities were forced to transfer Pemberton from the amphibious ship USS Peleliu.

“We believe that the US and Philippine governments have been forced to make it appear that Pemberton is under Philippine jurisdiction because of mounting pressure from the people.  Such move intends to deceive the Filipino people and is actually providing special treatment to Pemberton,” said Joms Salvador, Gabriela secretary-general.

Salvador said that if jurisdiction was turned over to Philippine authorities, he should be in police custody and detained in an ordinary jail.

US ambassador to the Philippines Philip Goldberg, in a media interview, admitted that Pemberton’s custody remains with US authorities as stipulated in the VFA.

Elmer Labog, Kilusang Mayo Uno chairperson, said that although it is located inside an AFP camp, “the Joint US Military Assistance Group (JUSMAG) compound where Pemberton is said to be detained is essentially a de facto US military base and therefore still under the US government’s authority.”

The groups, as well as Santiago, agreed that the latest incident has only shown the “lopsidedness” of military pacts with the US such as the VFA and the Enhanced Defense Cooperation Agreement (EDCA).

“Only the full abrogation of the VFA and EDCA can give full powers to our government to prosecute Pemberton and serve justice to Laude and other victims of abuses committed by the US government,” said Mark Louie Aquino, secretary-general of Bagong Alyansang Makabayan-Metro Manila.

In Tuesday’s preliminary investigation in Olongapo City, Pemberton’s legal counsel Rowena Flores Garcia argued that the summon sent to the US embassy does not compel him to attend the proceedings and just required to file his counter-affidavit.

But for Gabriela the US has willfully ignored Philippine laws and authorities as rumors that Pemberton had already left the country surfaced. The DFA admitted that four US marine soldiers who were with Pemberton during the incident have already left the country.

“This is a blatant affront to our sovereignty. And what is more outrageous is that our authorities seem to have accepted this fact calmly. We need to hear from the Aquino government a strong statement that will compel the US government to cede jurisdiction and surrender Pemberton to Philippine custody,” said Joms Salvador, secretary general of Gabriela.