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December 22, 2006, AP Online, U.S. Cancels Philippines Military Exercise,

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VFA

December 22, 2006, AP Online, U.S. Cancels Philippines Military Exercise,

MANILA, Philippines - The United States canceled a joint military exercise with the Philippines scheduled for next year because of a dispute over the custody of a U.S. Marine appealing his rape conviction, officials said Friday.

The Balikatan 2007 exercise, scheduled to be held in February, "has been canceled due to the current custody issue that's still working its way through the Philippine judicial system," U.S. Embassy spokesman Matthew Lussenhop told The Associated Press.

Lussenhop said smaller exercises will continue, including humanitarian missions in the restive south involving American servicemen, but "we will be reviewing other U.S. military activities as this case goes forward."

There was no immediate comment from the Philippine government.

The Philippine Court of Appeals on Tuesday rejected a petition by Lance Cpl. Daniel Smith to be transferred immediately from a Manila jail to the custody of the U.S. Embassy while he appeals his conviction.

Smith, 21, of St. Louis, earlier sought a temporary restraining order against the decision by Judge Benjamin Pozon to detain him at the suburban Makati city jail during his appeal. He was convicted Dec. 4 of rape and sentenced to 40 years in prison.

Three other Marines were acquitted in the case. All four were in U.S. Embassy custody during the trial that stirred anti-American feelings in this former U.S. colony.

Lussenhop said the cancellation of the Balikatan field exercises was announced by Adm. William Fallon, commander of the U.S. Pacific Command.

Smith's lawyers, the U.S. Embassy and the Philippine departments of justice and foreign affairs have agreed that his current detention violates the 1998 Visiting Forces Agreement. A provision in it states that any accused U.S. serviceman shall remain in U.S. custody until all judicial proceedings are exhausted.

Pozon said the provision applies only during "the judicial proceedings in the trial court" and expires upon a defendant's conviction, regardless of a pending appeal.

U.S. officials disagree with the decision and say canceling the military exercises is a must until the issue is resolved.

"It's (due to) the custody issue and the feeling of the U.S. government that until the Philippine government courts can ensure that the Philippines is in full compliance with the VFA, it will be imprudent to bring additional troops for exercises or all these activities at this time," Lussenhop added.

The yearly Balikatan exercises, which bring between 3,000 and 5,000 U.S. military service members to the Philippines, have helped train Filipino soldiers in counterterrorism, particularly in the south where al-Qaida-linked militants are active.

A New York Times article posted on its Web site Friday quoted Fallon as saying he also has canceled a number of visits by American ships and has ordered the withdrawal of an aid team assessing needs of a typhoon-ravaged area in the Philippines. Lussenhop could not confirm that report.

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on Jan 22, 13