U.S. won't hand over Marine in transgender murder: Philippines

Unbelievable! Sorry, but this guy as bad as his experience was, chose to end this persons life, he had a choice, he chose murder, therefore he should man up and face the music. He military made a very bad decision on this one, he should turned over ASAP to the Philippine authorities to stand trial. Shameful!

Only a trial can decide if he is guilty, and either court he goes to is going to be biased. I don't mind if the U.S. military tries him first, but if found innocent he should then find himself in a Filipino court with his prior trial on his side, and if guilty he should then find himself in a Filipino jail.

Unbelievable! Sorry, but this guy as bad as his experience was, chose to end this persons life, he had a choice, he chose murder, therefore he should man up and face the music. He military made a very bad decision on this one, he should turned over ASAP to the Philippine authorities to stand trial. Shameful!

I agree this is a terrible situation, but don't understand your outrage. The Visiting Forces Agreement, very similar to a Status of Forces Agreement, specifically outlines custody during criminal proceedings, to include the investigation and any trial. And it says that the US can retain custody until the conclusion of those processing, which means the end of the trial, if there is one.

Why is it "unbelievable" and "shameful" for the US to comply with the provisions in the agreement? You may not like those provisions, but the Philippine government agreed to them - and now they are the ones that don't want to comply with what they signed.

What should also be noted is that the US was within its rights to keep the accused within a US facility in the RP, or perhaps on a ship off-shore, but due to RP sensitivities, it agreed to confine him at a Philippine Army base. So the only difference between US and RP custody is that there are US guards outside his cell, rather then RP ones, but that cell is still in a RP jail in a RP base.

I'm not defending the accused, if he is taken to trial, and convicted, then he should be turned over quickly and serve whatever punishment he receives in an RP jail. But the process is being conducted according to the terms signed by both governments in the VFA - yet now when an incident occurs, the RP wants to "change the rules". That strikes me as unfair.

This is what the SOFA does for the sovereignty of any country. They lose it to the Americans and if they want to take him back to the USA there is nothing they can do to stop it. No to trial by US military and no to confinement by US military. If this keeps up the Americans will be ejected from the Philippines again. After all they have done NOTHING to help they keep disputed territory with Mainland China.

Assuming the case is as clear cut as it appears from this article, he should be turned over for trial.

The biggest problem with this is that every idiot soldier like this has what the US military would deem sensitive information about military movements, plans etc. As disgusting as this was, this **s**d will pretty much only be allowed judgement in a US court and expelled from the military (determined mostly by how much they think they need* him) and if he's not worth keeping, then they might turn him over to the Filipino authorities. If only he didn't do this $h!+ in the first place, because its continuous idiots like him that caused the US military to be kicked out of the Phillipines in the first place.

Yuri, there are so many things wrong here, it’s hard to know here to start, but let’s try;

This is what the SOFA does for the sovereignty of any country.

Every SOFA and VFA is signed by both governments to the agreement – obligating them to the terms contained therein. If you believe a SOFA “gives away” sovereignty, then complain to your government – that’s who signed it.

They lose it to the Americans and if they want to take him back to the USA there is nothing they can do to stop it.

Completely inaccurate. The VFA states that the Philippines has primary jurisdiction, that’s why the RP Police are investigating the incident, and not NCIS. He is being detailed in a Philippine Army base, inside a Philippines brig, with both US and Philippine guards – even if they wanted to, how could they “take him back to the US”?

No to trial by US military and no to confinement by US military.

He is not being tried by the US military, he is being investigated for a Philippine criminal offense, which a Philippine Prosecutor will determine if he is to be indicted and tried in a Philippine court. If indicted, tried, and convicted, he will serve time in a Philippine prison.

If this keeps up the Americans will be ejected from the Philippines again. After all they have done NOTHING to help they keep disputed territory with Mainland China.

Quite the contrary, the joint military exercise this individual was participating in held prior to the incident sent a clear strategic message to Beijing that the US stands with the Philippines with regards to China’s aggressive bullying of its neighbors.

The people of Okinawa complain about the SOFA all of the time. As for the VFA it is wrong since it allows the US military to even be part of his confinement. He should be confined by the civilian authorities.

As for the exercise it is lame, what has the US done for the Philippine navy but sell a couple of old demilitarized coast guard cutters. They do not have a Navy and what they have stands no chance against Mainland China. Dear Lord one of their ships was in the SDF in 1955 Hatsuhi. So I guess the Philippines has to obey their new guardians or face Mainland China alone.

@YuriOtani Perhaps the fact the Phillipines kicked out the US troops is why China has their way with them. The US isn't running a charity here. If you keep pushing to get the US out of Japan, you are going to get left with a 1955 battleship, too. Real weapons cost money.

scipantheist, gee you think the US is going to hand over an Iowa Class Battleship? I was just in Honolulu and there is one available in that location. Then again perhaps the Philippines can come to an agreement with mainland China.

This is what the SOFA does for the sovereignty of any country. They lose it to the Americans and if they want to take him back to the USA there is nothing they can do to stop it.

I keep hearing about this horror story in Japan where the U.S. carts off a military suspect back to the U.S. before the local authorities can finish their investigation. Funny thing though is that I can't find a SINGLE case of that happening since the SOFA went into effect. Please educate me. I want to know how often the U.S. has spirited away military members from Japan when they are under investigation. OSHIETE KUDASAI!

The people of Okinawa complain about the SOFA all of the time.

Fortunately for the parties involved, the SOFA isn't written just for the people of Okinawa. It's a written agreement between the sovereign nations of Japan and the United States. It's my understanding that most of the complaints regarding the SOFA deal with parts that have to do with taxes and compensation. The only ones who ever complain about the judicial portion of the SOFA are the ones slavering for the accused to be placed in the hands of the "100% confession rate or bust!" local police as soon as possible. They hate the fact that the U.S. can keep suspects in custody and out of the Japanese interrogation rooms until an actual indictment is produced.

The people of Okinawa complain about the SOFA all of the time.

I think it’s more accurate to say SOME of the people of Okinawa complain about the SOFA; primarily the ones that gain financially or boost their egos by doing so…….

As for the VFA it is wrong since it allows the US military to even be part of his confinement. He should be confined by the civilian authorities.

OK, if you believe in that so strongly, move to the Philippines, gain citizenship, run for political office, get elected, and change the VFA.

As for the exercise it is lame, what has the US done for the Philippine navy but sell a couple of old demilitarized coast guard cutters. They do not have a Navy and what they have stands no chance against Mainland China. Dear Lord one of their ships was in the SDF in 1955 Hatsuhi. So I guess the Philippines has to obey their new guardians or face Mainland China alone.

I assume you think it would be better for the US to give the Philippines the USS George Washington – as if they have the sailors, training and money to operate it………

Why does the US military believe might makes right? This private deserves to be trialed and punished by the Philippine civilian authorities. Fadamor do not appreciate your comments about the Japanese police. Though I suppose the police kill their suspects in the USA. In both Japan and the Philippines it is up to the civilian authorities to keep the peace. If American does not like it leave! No Rape! No Murder! No Base!