DFA STATEMENT

ON THE DETENTION OF CONVICTED

U.S. MILITARY PERSONNEL

 5 December 2006

The Department of Foreign Affairs received today a Note Verbale from the Embassy of the United States of America wherein the latter “reaffirms the right of the United States military authorities to exercise custody of any United States personnel over whom the Philippines is to exercise jurisdiction until completion of all judicial proceedings, notably in the ongoing legal case of Lance Corporal Daniel Smith.”

Under Article V, paragraph 6, of the RP-US Visiting Forces Agreement, “the custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with United States military authorities, if they so request from the commission of the offense until completion of all judicial proceedings.”

We understand that a Motion for Reconsideration on the commitment order has been filed by the lawyers of Mr. Smith.

Mr. Smith may be transferred to the custody of United States authorities only upon the authority of the court.

The Department of Foreign Affairs is coordinating with the Department of Justice on the matter, including the Philippines’ compliance with its treaty obligations.  END

/epa

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