He Killed a Transgender Woman in the Philippines. Why Was He Freed? - The New York Times - 0 views
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And she died shortly after 11 p.m. on Oct. 11, 2014, in a motel room in Olongapo, a port city about 100 miles north and west of Manila in the Philippines, at the hands of an American she had met earlier that evening at a nightclub, a Marine who was in the country for joint military exercises.
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After discovering that Laude was transgender, Lance Cpl. Joseph Scott Pemberton, who was 19 at the time, choked her and pushed her head into a toilet bowl until she drowned. Then he took a taxi across town to Subic Bay, where his ship was docked, and, according to a shipmate who later testified in court, admitted what he had just done.
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found guilty of homicide, a charge downgraded by the judge from murder, and was sentenced by the Olongapo Regional Trial Court to six to 12 years in prison, which was later reduced to a 10-year maximum on appeal.
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It marked a major victory in the eyes of human rights advocates in the country who have been fighting to hold American service members accountable for violence against Filipina women — which they see as a byproduct of the U.S. military’s 120-year presence
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But on Sept. 13, Pemberton was put aboard a U.S. military cargo plane and flown out of the Philippines, a free man. A week earlier, President Rodrigo Duterte made the bombshell announcement that he had granted Pemberton an absolute pardon, nullifying the Marine’s sentence after less than six years served.
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After the guilty verdict was announced, the judge ordered Pemberton to start serving his sentence at New Bilibid Prison, the largest detention facility in the Philippines, where more than 26,000 convicted men sleep in crowded cell blocks, disease festers and temperatures can reach over 100 degrees in the summer. But that detention order was revised just hours later
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the presidential pardon came just hours after Duterte’s own administration filed a motion to block a court order that would have freed the Marine on other grounds.
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the recent developments have seen the case deteriorate into an apparent tool for political leverage rather than justice
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“This should give us a lesson that the U.S. has no respect for our sovereignty,” Virginia Lacsa Suarez, the attorney for the Laude family, told The New York Times in response to the court order to release Pemberton that was issued even before the pardon. “It shows that the U.S. looks down on us, that the U.S. does not even respect our laws.
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From the beginning, the United States maintained an influence over the Pemberton case, despite the Philippines’ jurisdiction over crimes committed by U.S. service members. In 2014, Pemberton was first questioned by the United States Naval Criminal Investigative Service instead of Philippine police, and he was initially held onboard his ship, the U.S.S. Peleliu, anchored in Subic Bay, and then under U.S. guard at a Philippine military base, instead of in a Philippine jail. After he was arrested, the Marine Corps hired an attorney to represent him and paid all his legal fees, which had exceeded $550,000 by this fall
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The pardon is the final chapter of a polarizing, high-profile case that has cost the U.S. Marine Corps more than half a million dollars and provoked debate over decades-old defense treaties between the two countries.
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brought back bitter memories for Filipinos of another case in which a U.S. Marine was accused of rape. In 2006, Lance Cpl. Daniel Smith received a 40-year prison sentence for raping Suzette Nicolas
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The agreement grants the United States considerable privileges toward determining where convicted American personnel will be detained, and Pemberton remained in a private air-conditioned cell fashioned from a shipping container at Camp Aguinaldo, a Philippine military base where he was monitored by two guards from the Philippine Bureau of Corrections and a steady rotation of U.S. service members. Pemberton’s rank remained unchanged and he continued receiving his monthly salary of about $2,300, totaling more than $160,000 since the killing.
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Smith was held briefly in a Philippine jail, but after the United States canceled a joint military exercise in the Philippines, he was handed over to the U.S. Embassy. Smith remained at the embassy for more than two years, until Nicolas unexpectedly recanted her accusation and Smith was acquitted and returned home.
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Duterte was always likely to take a pragmatic approach to Pemberton’s release. “He’s willing to engage with us, but it’s not his first preference in most situations,” Schaus says. “But when an opportunity presents itself to advance his priorities in a way that is palatable to him, he’s willing to entertain it
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Garcia-Flores had submitted a motion under the Philippines’ Good Conduct Time Allowance law, and Judge Roline Ginez-Jabalde, the same official who convicted Pemberton in 2015, ruled that the Marine was free to go, on the grounds that he had already served almost six years and had earned four years off his sentence for good behavior while in custody.
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“A crime happened, and Pemberton paid for it under the Philippine law without any special privileges,” Garcia-Flores says. “If people think that he’s being given some special treatment, they are wrong.”
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Suarez immediately moved to oppose Pemberton’s release, and so did the Department of Justice, arguing that only the Bureau of Corrections, not the Philippine courts, had the authority to determine whether Pemberton deserved time off his sentence for good conduct
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Duterte met with Secretary of Justice Menardo Guevarra to discuss his constitutional right to grant an absolute pardon. At 4:51 p.m. the same day, Duterte’s secretary of foreign affairs, Teodoro Locsin Jr., announced the pardon in a tweet. “If there is a time when you are called upon to be fair, be fair,” Dutuerte said later in a televised address.
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The news drew protests as the president’s critics took to social media and the streets, organizing demonstrations in Manila to voice their anger at Duterte’s decision. Many members of the L.G.B.T.Q. community thought the president was sending a signal that the Philippine government doesn’t believe that the lives of transgender women are important.
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Beyond the question of whether the pardon was an anti-trans reaction by Duterte, it may have also been a strategic move to gain an advantage in relations with the United States
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In February, Duterte gave notice that he was terminating the Visiting Forces Agreement, a move that many interpreted as a response to the U.S. State Department revoking the visa of Senator Ronald dela Rosa, the former National Police chief widely regarded as the architect of the administration’s notoriously violent war on drugs. Then in June, Duterte confirmed that he wouldn’t be canceling the agreement for at least another six months, and in July, dela Rosa announced that the United States would be reinstating his visa.
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Despite Duterte’s outwardly critical stance toward the United States, relations between the two countries remain strong.
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It’s the latest in more than $1.5 billion in arms that Duterte’s administration has moved to purchase from the United States this year, despite calls from Human Rights Watch for Congress to block the sales, citing the Philippine armed forces’ lengthy history of military and human rights abuses
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“In both cases, there are many forces trying to undermine the testimonies of the victims, or the witnesses or their families,
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necessary precautions in countries where the United States wants to maintain a strategic presence — including the Philippines, a key player in responding to China’s rising power in the western Pacific.
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The Visiting Forces Agreement ensures that the two countries have a predetermined process to be followed if a service member is arrested and charged with a crime, when tensions are likely to be high.
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Upon leaving the Philippines on Sunday, Pemberton was brought to Camp Smith in Hawaii. “The Marine Corps is taking appropriate administrative action,” Perrine said. He was unable to indicate whether Pemberton will be demoted, or if he will be given a less-than-honorable discharge.