The Subic Rape Case

MANILA, Philippines—United States Ambassador Kristie Kenney on Monday said the United States did not violate protocol when it whisked Marine Lance Corporal Daniel Smith out of the Philippines immediately after his rape conviction was overturned by the Court of Appeals last Thursday.

In an interview with reporters at the US Embassy during a naturalization ceremony for four Balikatan 2009 soldiers, Kenney said the Department of Foreign Affairs was informed both orally and in writing of Smith's departure.

Holding the Marine any longer would have been a violation of his human rights, she said.

“The Court of Appeals sent him a copy of their decision, which called for his immediate release. The word ‘immediate’ did not suggest 24 hours or 72 hours later,” Kenney said.

She did not say when Smith left the country but a DFA source said he flew out Friday morning.

Smith is now in the US after being allowed by his superiors to spend time with his family, according to Kenney.

She said she was not aware if Smith faced a court-martial but that it was up to his mother unit to take the next step.

Kenney thanked the Department of Interior and Local Government for its “understanding” of Smith’s confinement conditions and for coming over to check up on him regularly.

She said the Smith case was a first for the US Embassy under the 10-year-old Visiting Forces Agreement.

“So I think for all of us, this was difficult, complicated. Everybody watched it very closely and for the families involved, I think, very emotional and this was never easy to deal with,” she said.

Asked if the US was ready to undertake a review of the VFA, Kenney said there were VFA-related cases pending in the Supreme Court and the US was awaiting their outcome.

“You know, throughout this process, we've been in constant dialogue on all issues. We're friends and allies, and sovereign nations as well, and we're always looking at how we can work together better,” she said.