Convict’s transfer to Spain draws flak

By SHIANEE MAMANGLU and GENALYN KABILING
September 7, 2009, 5:19pm

Several women and workers’ groups are expressing outrage over the impending transfer of convicted rapist Francisco Juan “Paco’’ Larrañaga to a penal facility in Spain to serve the remainder of his life sentence for the rape and murder of the Chiong sisters in Cebu in 1997.

The Philippine government recently approved the transfer of Larrañaga to Spain based on the RP-Spain Transfer of Sentenced Persons Agreement (TSPA).

The government said the law will also benefit Filipinos serving their sentences in that country.

“Is this government really criminal- friendly? First, may we ask the responsible legislators as to why they prioritized the country of Spain for this treaty? In November 2007, while this bill was being deliberated on, the Chiong family already expressed objection to the passage of the RP-Spain TSPA for favoring Larrañaga,’’ read a statement signed by leaders of some 10 women’s organizations.

“Second, why prioritize Spain when 128 overseas Filipino workers (OFWs) are languishing in Kuwaiti jails compared to seven detained in Spain?’’ the groups asked.

Citing a June 2007 data of the Department of Foreign Affairs (DFA), the groups said there were a total of 4,770 Filipinos languishing in jails in 63 countries and territories. The most number of detainees was documented in Malaysia, with 1, 600.

The others were in Japan with 734, 130 of whom were found in the Osaka area; Qatar, 554; United States, 406; Abu Dhabi, 198; Saudi Arabia (Jeddah only) 161; and Hong Kong, 127.

The groups claimed that the move of the government [to allow Larrañaga’s transfer to Spain] will not entirely benefit Filipino detainees all over the world.

More importantly, they said the government's decision was “not fair’’ for the victims and their families.

Larrañaga, a scion of Cebu’s Osmeña clan and a citizen of Spain by virtue of his father, “was convicted of kidnapping, illegal detention, rape and homicide in connection with the abduction, rape and death of sisters Jacqueline and Marijoy Chiong,’’ according to news reports.

The RP-Spain TSPA was signed in May 2007 and supported by a domestic law that became effective in January 2008. The local legislation was authored by Rep. Antonio Cuenco (Cebu, 2nd District), it was learned.

The women's groups said they "stand in solidarity with the family of the victims'' as they demanded that justice be served to the end.

The solidarity signers were Jean Enriquez of the Coalition Against Trafficking in Women – Asia Pacific (CATW-AP) and World March of Women - Pilipinas; Marlene Sindayen, Alliance of Progressive Labor (APL)-Women; Atty. Cristina Sevilla, WomenLEAD and ECPAT-Philippines; Lotlot D. Requizo, KAISA-KA and Task Force Subic Rape (TFSR); Ana Maria R. Nemenzo, WomanHealth, Philippines; Liza Gonzales, Bagong Kamalayan Collective, Inc. (BKCI); Monina Geaga, Sarilaya; Mercedes Fabros, Welga ng Kababaihan; and Anna Leah Sarabia of Women’s Media Circle.

Meanwhile, Malacañang is open to a review of the two-year-old agreement on transfer of prisoners between the Philippines and Spain in the wake of protests over preferential treatment to rich and powerful convicts.

Deputy Presidential Spokeswoman Lorelei Fajardo said a thorough review of the agreement’s provisions would help clear the air, including questions raised by some groups if the transfer of a convicted rapist to a Spanish prison is final.

“There is nothing wrong with a review of the treaty but that has to be done by Congress,” Fajardo said in a news conference in the Palace. “We would like to thoroughly review the treaty, its provisions, including whether (Larrañaga’s transfer) is final and executory,” she added.

Fajardo however said for now, the government must comply with the transfer of Filipino-Spanish Francisco Larrañaga to Spain as provided by the pact forged in 2007.

While insisting Malacañang has no hand in the planned transfer of Larrrañaga to a Spanish prison facility, she said the government could not evade the implementation of the treaty that allows prisoners in both states to serve their prison sentences in their own countries.