Some foreign service war stories (2)
AS chargé d’affaires in Moscow, I flew to Alma-Ata, Kazakhstan, on 30 November 1992 on an assistance-to-nationals matter. “Renato G,” a Filipino graduate of engineering at the Alma Ata polytechnic institute had been accused of manslaughter. Mr. “G” professed innocence and requested that his family not be informed. But we advised his sister in Moscow, who visited him.
We first heard of the case from the Filipino students in Alma-Ata, who also pleaded for consular assistance on his behalf. The head of the Consular Department of the Kazakhstan Foreign Office later apologized for neglecting to inform the embassy of the arrest. I asked for a report in writing.
I was able to see “G” on 1 December 1992. His narration was consistent with the version of his two friends, Egay and Lito – that they were returning from drinking three bottles of champagne (among four of them) and had just alighted from the trolley, on their way home in darkness when they felt someone push them to the ditch. As they came out of the ditch, a man came running towards them bloodied and asking for help. It was at this juncture that the police came and arrested them.
The District Attorney does not deny the claims of the Filipino students. Mr. “G” was given visiting rights for the first three days. He was subsequently detained for the next seven days under the articles of the local laws. He was allowed to receive food and other contributions from Filipino students. But after the victim died, the prosecutor decided to detain him with prejudice to visiting rights, except by his advocate or immediate family.
The DA asked the Embassy’s help for interpretation, and I suggested the Filipino students who could all speak, read, and write Russian. He invited others present to give their statements. Egay had nearly completed his deposition when, sensing his difficulties and apparent hesitancy, I advised him and Lito that they may wish to make their statement in the presence of their advocate, lest out of ignorance of local laws, their statements might either perjure them or disparage the defense. The authorities consented after lengthy discussion.
On 2 December, I made representations through the Foreign Office to see the Ministry of Justice to clarify the rights of the accused to visitations and to insist on professional legal counsel. The lady advocate provided by the state seemed to be more interested in her fees and did not appear to have even the most preliminary appreciation on the case. I explained to the justice department that while this is not a political issue, the case must be resolved expeditiously because we did not want a blight on the presentation of credentials of our new ambassador. The authorities confirmed that visiting rights are denied the accused under the circumstances. They assured that the case would be expedited, that they would ask for the files, and that “G” would be given adequate protection. (The head of justice section himself had expressed concern that the family of the victim might seek to retaliate against the accused). They also consented to review a list of reliable lawyers.
A Filipino graduate of International Law, Mr. Rene San Diego, departed from Moscow to represent “G” and was present at the oral statements of Egay and Lito. Consul Ernesto Diano assisted Mr. San Diego to secure extension of his residence visa in Russia. He also prepared the essential documentation designating Mr. San Diego as attorney for the accused and for the Filipino students, and requested the authorities to grant him full access to all pertinent documents, including police and forensic reports. Mr. Diano would also be present at the hearings in Alma Ata.
Observations: The DA was aggressive and behaved like a prosecutor. He kept on prodding “G” to give the facts and to tell the truth – apparently with the intention to pressure him to admit guilt. He said that they could conclude the investigation and the case within 20 days if “G” would only cooperate. He did not think anything about withdrawing visiting rights. He also said that the law provided for detention up to two or three months in case they have an airtight case. He admitted that these are old laws under the former Soviet system, which have to be brought in line with the rest of the world. He said Mr. “G” was being accorded “national treatment.” It would be another matter to expect special treatment for him. Dura lex, sed lex.
Mr “G” said that he would not sign anything because whatever he said was being brushed aside. The Filipino students said that to relieve themselves of “harassment” they were prepared to settle damages in the amount of $1,000.
EPILOGUE. The final denouement: The two ladies had not told the true story at the outset, after all. I would later learn that they switched roles: Glenda was the girl friend of “Renato G,” and Linda, who presented herself to be Renato’s girlfriend, was actually the girlfriend of Egay. Throughout the three months that “G” was in detention accused of the crime, all the four of them knew that it was Egay (also an alias), and not Renato “G,” who was responsible. Renato and Egay had figured in a street brawl earlier in the evening, and were bested by the other side. Later, still feeling the heat of the rumble, the hot-head Egay rushed after the first person he met and crowned him with a champagne bottle.
Prosecution established that the victim was hit with a blunt instrument. As luck would have it, the weapon was not found, and the case was eventually dismissed for lack of evidence. But the wonder of it all was how the four stuck together on their version, throughout the ordeal. None would point to Egay, not a peep from Renato “G” or from his girlfriend Glenda who suffered through it all – knowing that her boyfriend, who was innocent, remained in detention and was wrongly accused. There was that bonding among the four to stick it out. They held fast – the three and the one who got away.
PAFI Statement on the Passing of Ambassador Domingo Lucenario: “The Philippine Ambassadors Foundation Inc. (PAFI) expresses its great shock and sorrow over the loss of Philippine Ambassador to Pakistan Domingo Lucenario in a plane crash while on an official activity. His tenure in Pakistan contributed remarkably to the widening and deepening of relations between the two countries, capping his distinguished performance in all his previous postings and assignments. The Philippines and its Foreign Service lost an outstanding multi-awarded diplomat and civil servant dedicated to his country and people. PAFI extends its deepest condolences to his wife Nida and family, and his colleagues and friends, as well as to the bereaved families of the members of the international diplomatic community and others who perished with him in this tragic incident. LARRY L. BAJA, Chairman, PAFI.”