Jeffrey Laude, aka Jenny, a transgender woman, was murdered in Olongapo
City in the Philippines on October 11th. Olongapo City is near Subic Bay
where US forces are stationed.
An initial report in
the Marine Corps Times from an internal Naval memo gave few details:
“Philippine police report a homicide occurred in a hotel room in
Olongapo City on the night of 11 October.The victim was reported as a
male Philippine national ... preliminary witness statements indicate
U.S. military personnel may have been involved.”
However, on October 15, local officials charged Private first Class
Joseph Pemberton with the murder of Laude. The Philippine government
later served five subpoenas on the US embassy in Manila. One was for
Pemberton and the other four for witnesses.
The murder happens more than
two decades after US forces were expelled from the Subic Bay base.
However, US forces continue to visit on a rotating basis and the
Philippine government is now considering a new agreement that would
allow more US troops to rotate through the country.
Retired US Air Force Colonel
Carl Baker who is director of programs at the Pacific Forum Center for Strategic and International Studies said:
"The
Philippines is really driven by public opinion. These type of incidents
really have a big impact on how they view their relationship with the
United States.”
The night of her death Laude was said to be at the hotel or motel
with a friend and a "foreigner". She was reported to be uneasy that the
foreigner would find out that they were transgenders and asked the
friend to leave before "the foreigner could discover they were
transgenders". The autopsy showed that she died due to asphyxia by
drowning. After her death photos surfaced showing her body leaning
against a toilet, protests erupted among Filipino transgender rights
activists. Some signs read "US troops out now".
A police report called the murder a "hate crime".
Some authorities claimed
the incident is unlikely to have any significant longer term effect on
Philippine US relations. The Philippines is anxious to have US support
for claims to islands in the South China Sea that are also claimed by
China and several other countries.
Unlike in some countries such as Afghanistan, US troops in the
Philippines do not have immunity from prosecution in Philippine courts.
However, there are aspects of the agreement that are already a sore
point with many in the Philippines. The agreement allows the US to
retain custody of its own military members when they are charged with
crimes rather than turning them over to Philippine authorities. They can
remain in US custody until found guilty. After Laude's murder, there
were demands that Pemberton be surrendered to Philippine authorities.
The issue surfaced in a 2006 case when four marines were charged with
raping a Filipina. Not only were all four held in custody by the US but
when a judge found one marine guilty and ordered him turned over to
local authorities, the order was never executed. Eventually when the
woman on appeal changed her testimony the Marine was acquitted of the
charge.
A new Enhanced Defense Cooperation Agreement was signed in April, that
would see even more US military personnel rotate through the
Philippines for the next decade but the agreement is being challenged
before the Philippine Supreme Court.
Philippine defense officials admit it may be several years yet before the agreement is enacted.
Four witnesses who
were summoned to appear at the Olongapo City Prosecutor's Office in
connection with the murder already have left the Philippines according
to the Philippine Dept. of Foreign Affairs. Charles Jose noted:
“DFA was not informed by the US side that four witnesses were leaving the country. They are not required to do so”
The US did give assurances that the witnesses will appear at the trial.
In spite of the demands from protesters that Pemberton be kept in custody by Philippine authorities,
the US Embassy in Manila said
that it would keep Pemberton under US custody as was its right under
the existing VFA. However, the Embassy also said that it would cooperate
fully with Philippine authorities.
There have been moves in the Philippine Congress to scrap the VFA.
Miriam Santiago a
prominent senator called for the VFA to be scrapped while others such
as Herminio Coloma Jr., head of the presidential communications office
said the government supported calls for the VFA to be reviewed.