"That's the price you pay for our protection." - A high-ranking US official referring to the rape of a 12-year-old Okinawan girl by three American soldiers.
from Bulatlat
Originally published 2008 August.
An investigation led by GWP Representative Liza Maza on the plight of Okinawa rape victim Hazel discovered that she was a victim three times over: of rape, human trafficking, and of government neglect.
It is an all-too-familiar story of an OFW who was lured by promises of a decent job abroad only to be herded to a different country without proper travel documents, and forced to work as a virtual slave and prisoner. To complete the story, when the OFW is already in a situation of distress, the Filipino community and migrants’ rights advocates come to the rescue while Philippine consulate and embassy officials claim that they cannot do anything and when pressured to give assistance, it always arrives too late. But this story is worse, this OFW was raped by a soldier of the US armed forces.
The investigation of a five-member team led by Gabriela Women’s Party (GWP) Representative Liza Maza on the plight of Okinawa rape victim Hazel discovered that not only was Hazel a victim of rape by Sgt. Ronald Edward Hopstock Jr. of 1st Battalion, 1st Air Defense Artillery Regiment in a hotel in Okinawa, Feb. 18; she was also a victim of human trafficking and of indifference by Philippine consulate officials.
The team went to Okinawa on July 16. For five days, a series of dialogues ensued with Philippine consulate and Japanese government officials, Hazel’s lawyer and anti-US bases advocates and organizations. They were also able to talk to Hazel and to her custodian lengthily.
In an interview, Lana Linaban, deputy secretary general of GABRIELA and member of the Okinawa mission, said that Hazel was indeed raped and the “Philippine government officials in Okinawa clearly neglected her.”
Negligence and indifference
Linaban said that Hazel had no lawyer during the investigation of the rape case filed at the Naha District Public Prosecutor’s Office. She said a lawyer was later provided by the Philippine consulate in Okinawa but it was too late as the counsel began working on the case a mere three days before the last hearing.
Linaban related that since Day 1, Hazel has made it clear that she will fight. “She told the Philippine consulate that she needed a lawyer,” said Linaban. But apparently her request was ignored.
The hearings transpired on May 1, 8, 12 and 15. It was only around May 13 when the lawyer sent by the consulate worked on the case. On May 16, the court dismissed the case for ‘insufficient evidence.’ The Okinawa police submitted a 2,000-page of report to the prosecutor.
Linaban disclosed that in a dialogue, the Department of Foreign Affairs (DFA) reasoned out that the lawyer was intended for the trial. “Aminado silang wala nang silbi ang abogado. Na-dismiss ang kaso.” (They admitted that the lawyer would no longer be of help as the case has already been dismissed.)
Linaban said that no Philippine government representative attended Hazel’s hearings. Hazel was accompanied by her custodian, Fr. Rommel Cruz, members of the Okinawa police and the translator provided by the consulate.
Linaban said the prosecutor commented that there were inconsistencies in Hazel’s testimony. Linaban said that Hazel was not sure if the interpreter provided to her by the Philippine consulate efficiently translated her statements.
Hazel’s lawyer, Linaban added, does not speak English. She said, “They could not understand each other.”
Linaban criticized the Philippine consulate for not doing any legal or diplomatic action after the dismissal of the case.
Linaban said that during the team’s dialogue with Philippine Consul General Sulpicio Confiado, the latter’s standard answer was “I will check on it.”
She added that Honorary Consul Ako Alarcon of the Philippine consulate in Okinawa blamed Cruz for ‘grabbing custody of Hazel.’ Linaban said, “Kaya wala na raw silang alam.” (That is why, they claimed, they knew nothing about the case since then.)
Linaban related that the Filipino priest volunteered to sponsor the extension of Hazel’s visa which expired after the hearing. The Philippine consulate, she said, made no move to extend her visa.
In an interview, Nanay Mely, Hazel’s mother, said that the Philippine consulate wanted her daughter to just go home. Nanay Mely said that Hazel pleaded for her passport.
Alarcon, Linaban said, also told them that attending to Hazel’s case is not within her functions. “Trade lang daw ang sa kanya. Sa Philippine Embassy sa Tokyo raw ang labor.” (She said she just deals with trade-related matters. The Philippine Embassy in Tokyo is supposedly in charge of labor-related concerns.)
Linaban related that the Philippine government did not bother to provide temporary shelter for Hazel. She said that the Okinawa police investigators took Hazel to a Japanese shelter house but the maximum stay is only two months. Hazel was then transferred to a nun’s convent and later referred to Cruz, a Filipino Catholic priest in Okinawa.
A case of human trafficking
Hazel was fresh out of college when lured by a recruiter to work as a cultural dancer abroad. The offer was tempting as Hazel was in a hurry to contribute to the upkeep of the family. She is the eldest of six siblings and the first to graduate from college in the family. Her parents had no stable income: her father did odd jobs while her mother is a vendor.
Hazel and four other Filipinas underwent training in dance with the Cinderella recruitment agency. The aspiring OFWs were surprised when they were taught sexy dancing. They also did not undergo any pre-departure orientation. A representative of the recruitment agency told Hazel and four other Filipinas to get rid of all their documents except for their passports when they reach Taipei, Taiwan for a transit stop. On February 14, the five Filipinas left Manila.
When Hazel and the four other Filipinas arrived in Okinawa on Feb. 14, a certain Boyet fetched them and took all their passports. They were given a photocopy of their passports. Boyet then took them to three different bars.
While Hazel’s contract states that she would work as a dancer, Linaban related, Hazel was asked to do more, including drinking with customers. She was also asked to go out with a customer. Linaban said that these practices are considered illegal in Japan.
Filipinos in Japan informed the mission team that Boyet used to work as an employee of the Philippine consulate.
Linaban said that when she asked Alarcon if she knew that Filipina entertainers’ passports are taken by their employers, Alarcon replied that it is the standard operating procedure (SOP).
During the stay of the team in Okinawa, three Filipina entertainers were deported.
Maza, author of the Anti-Human Trafficking Act said she would call for a Congressional investigation on how the anti-trafficking law is being implemented. She also said, “The allegations from some members of the Filipino community that our representatives in Okinawa may have aided trafficking must be looked into.”
Maza said she would sponsor a resolution to investigate whether Philippine embassy and consulate officials are making business out of labor export.
Misleading
Linaban further chided the Department of Foreign Affairs (DFA) for releasing “misleading” information regarding Hazel’s case.
Foreign Affairs Secretary Esteban Conejos was quoted in a July 2 article of the Business Mirror saying that “the US military has agreed to conduct court-martial proceedings against an American soldier accused of raping a Filipino woman in Okinawa, Japan.”
In the same article, Conejos further said, “The US military has taken cognizance, assumed jurisdiction of the case.”
Linaban said that no case has been filed yet at the US court martial. She explained that the Criminal Investigation Department of the US military court is still in the process of conducting an investigation. A report would then be submitted to the prosecutor then the judge advocate would determine if there is a case.
Linaban said that the legal assistant of Hazel’s new lawyer informed them that it could take four weeks before the initial investigation is concluded.
Distorted justice system
Linaban added that it remains uncertain if the charge to be filed against Hopstock - that is, if the court martial deems that there is sufficient cause to do so - would be rape. She said that Article 120 of the Uniform Code of Military Justice (http://usmilitary.about.com/od/justicelawlegislation/a/art120new.htm) defines various levels of sexual assault.
Linaban cited the gang rape case involving four US Marines in Hiroshima sometime in October 2007.
Based on news reports, Lance Cpl. Larry A. Dean, 20, one of the four Marines who faced court martial was found guilty of “wrongful sexual contact and indecent acts” but was cleared of rape.
Linaban retorted, “Korte nila ‘yan eh.” (That is their court.)
She said that the Status of Forces Agreement (SOFA) between the US and Japan should not result to the surrender of Japan’s sovereignty.
Maza said, “In principle, sovereign states should have jurisdiction on cases/crimes committed in their territories. The presence of US bases and troops has distorted justice/criminal system such that perpetrators are able to get away from criminal liability. They are the ones who define the venue for justice settlement.”
Maza stressed, “This is inherently wrong…the US is usurping the sovereign rights of other countries.”
Linaban said, “The US wants to preserve the so-called integrity of their institutions and will always prove that these are but isolated cases.” She said that the US’ procedural mechanism to “discipline” their troops is political in nature. “The US intends to preempt the resurgence of strong anti-US bases campaigns,” she said.
Maza maintained that the Philippine government should pursue the rape case in the civil court.
Linaban said the Filipino people would not want the case to be resolved in the court martial. Maza and Linaban cited the case of Nicole where the rape case of the US soldier who raped her was tried by a civilian court. Unfortunately, they said, justice was not served in the end as the Philippine government eventually surrendered custody over the American soldier to the US embassy.
Nicole was raped just before midnight of Nov. 1, 2005 in Subic Bay. On Dec. 4, 2006, the Makati Regional Trial Court convicted Lance Corporal Daniel Smith of rape.
On Dec. 29, 2006, however, Smith was transferred to the US Embassy after DFA Secretary Alberto Romulo and US Ambassador Kristie Kenney agreed on the transfer of custody citing the provisions of the Visiting Forces Agreement (VFA).
In the case of Hazel, Linaban said that the US may sacrifice Hopstock. “Politically, the strategic objective to maintain their forces and bases in Okinawa is definitely more important”
Support
Linaban related that the organization Okinawa Women Act Against Military Violence has pledged their support for Hazel’s case. The Japanese group is campaigning against the construction of a new base facility in the Northern part of Okinawa.
Maza said they also met with at least 15 members of the Prefecture Assembly, counterpart of the Philippine Congress. Maza appealed to the Prefecture Assembly, to other organizations in Japan, and to the Filipino community to support Hazel in her quest for justice.
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