Even if Erap wins a libel suit versus Der Spiegel here, it will be called a hometown decision - BY THE WAY by Max V. Soliven

The President is perfectly within his rights to file a libel suit against the big-circulation German newsmagazine, Der Spiegel (The Mirror), here in the Philippines.

But even if he wins that case, what sort of vindication would that be? It would merely be dubbed by the local and foreign press as just a "hometown victory." For it’s no secret that in his own domain, the Philippines, even an embattled Chief Executive enjoys what they call "homecourt advantage."

I’ve just gotten a copy of the two-page article which appeared in Der Spiegel and caused all that furor over whether or not President Estrada allegedly got a large share of the Abu Sayyaf "ransom" money. It was catchily headlined: "ROBIN HOOD IM FREIEN FALL" (Robin Hood in Free Fall). Who was referred to as Robin? Why Joseph Ejercito Estrada.

On the other hand, when you review the critical piece you’ll discover that the cautious German reporters, Rüdiger Falksohn and Jürgen Kreme, cleverly covered their ransom references to Erap and his Chief Negotiator Robert Aventajado with the magic word "allegedly". Under German law governing the press, surprisingly more liberal than our own, when a magazine or newspaper article says "allegedly" this insures it from being sued for libel. (Sounds unfair to those who are under attack, if you ask me, but that’s what the German statutes state.) In Germany, then, Der Spiegel can get off free and clear, no matter how President Estrada and Secretary Aventajado may rant and rage.

In Philippine courts, on the other hand, what benefit could a libel suit filed by Malacañang and Mr. Aventajado accomplish, except – of course – to signal the indignation and strong denial by the Chief Executive and Aventajado of the painful accusations levelled by the top-rung German magazine? Otherwise, aside from the government banning all Der Spiegel correspondents from the Philippines, what assets belonging to the magazine can be seized and what moral damage fines can be exacted? Our Philippine courts could subpoena duces tecum any transcripts, tapes of telephone conversations, and other alleged "evidence" adduced by Der Spiegel to allegedly be in the hands of the Bundesnachrichtendienst (whew! those pasted-together German names are jawbreakers) or State Secret Service. However, the BND could totally ignore the subpoena or summons. How could the Philippine police or National Bureau of Investigation ever impose it in Berlin? Short of declaring war on Germany, I guess there’s nothing much that can be done in this regard.

As for filing a libel case in Germany itself, the process defeats even a President or Cabinet Minister from the start. First, a complaint must be filed with the local police (any polizei station over there will do). Under the law, though, once the polizei scan the article the chances are, ten to one, that they will reject the complaint and not bother to even "blotter" it.

Even if the police were to accept and record the complaint, the libel case would be thrown out by the State Prosecutor’s Office (which is as close a translation I can make of that agency that has an equally jawbreaking name).

What action can be taken in Germany? Only this: Either the President himself, or Secretary Aventajado and perhaps General Reyes, too, or the Philippine Embassy in Berlin (through Ambassador Jose "Toto" Zaide who was just in Manila for consultations) can file what the Germans refer to as "Gegendarstellung". Once more, there is no exact English translation of this typically Teutonic term, except perhaps to call it a "Legal Clarification Letter" or "Legal Feedback Letter" to the Editor of Der Spiegel. Under the law, Der Spiegel, and any newspaper or magazine that published a controversial article, must publish this "letter" in full and give it due prominence. This is a requirement of law.

Why Erap can even tell the Editors to Gegen-to-Hell!

* * *

In case you’re a linguist and wish to do your own translation, here’s what the offending paragraph in the magazine said: "Ein weiterer Skandal ist noch gar nicht aktenkundig, aber er könnte mindestens genauso schwer weigen: Deutsche Ermittler und der Bundesnachrichtendienst (BND) haben Anhaltspunkte, dass der oberste philippinische Politiker auch kräftig bei den rund 20 Millionen Dollar Lösegeldern mitkrassiert hat, die während deg Geiseldramas auf Jolo geflossen sind. Zehn Prozent seien an seinen Chefunterhändler Roberto Aventajado gegangen, 40 Prozent an Estrada, der wiederum einen Sicherheitsberater und den Armeechef General Angelo Reyes beteiligt haben soll."

I can expect our proofreaders to murder the German spelling, of course, since they daily murder even my English and tack on or omit inexplicable letters or words. Only yesterday I wrote "again mostly radical Leftists" but the phrase appeared in print: "against mostly radical Leftists."

Anyway, here is the translation. I asked two Germans to separately translate the piece, and here’s the combined result of their genius. Wrote Der Spiegel:

"A further scandal is not yet on record at all but could be at least as serious: German investigators and the Federal Intelligence Service (Secret Service) have clues (also translated as "indications") that allege the highest Philippine politicians could have gotten a large cut of the more or less 20 million dollars in ransom paid during the hostage drama in Jolo. A 10-percent share allegedly went to Chief Negotiator Robert Aventajado, and 40-percent allegedly went ("could have gone to") to Estrada which he allegedly shared with a security adviser and with Armed Forces Chief, General Angelo Reyes."

Note the word "allegedly" is liberally sprinkled all over the piece. The "security adviser" was unnamed, but General Reyes’ name was mentioned. This was the "bombshell" delivered by Der Spiegel and sent to Manila by the international wire services, initially by the Agence France- Press.

The German Embassy, through its spokesman here, has naturally denied any responsibility for the story – and rightly so, for, as the spokesman points out, Der Spiegel is a private entity. The controversy, indubitably, catches the new German envoy who arrived here only recently, Ambassador Herbert Jess, in an embarrassing position, but only because he has not yet been officially "accredited" by the Department of Foreign Affairs and has not yet been given an opportunity to present his diplomatic credentials to the President. Being "non-official" and thereby literally non-existent, the unfortunate Mr. Jess cannot even reply or comment. Or perhaps that’s fortunate for him.

I notice that, in his anger, Secretary Aventajado has been calling on the "former" Ambassador Wolfgang Goettelmann for an explanation or clarification of the matter, even being quoted as saying in one newspaper as averring Goettelmann had informed him of some German secret service activities in Sulu. Now, as everybody knows, this writer detests Herr Goettelmann, but the fellow is already retired (as of last October) from the German foreign service. In any event, even somebody clumsy like Goettelmann would never have confided to a Filipino Cabinet member about his own country’s secret service. That’s a No-No. And besides, whatever his other grave faults, Goettelmann was experienced in hostage negotiations and situations. When he was serving as German Consul in Beirut, Lebanon, two Germans were kidnapped and held for more than a year by (if I recall) the Druse military faction during the civil war and Goettelmann figured prominently in the negotiations for their eventual release.

Was the Der Spiegel article planted by the Opposition, as Malacañang and Press Secretary Dong Puno query – or suggest? Doesn’t seem so. But every lead has to be tracked down, I suppose.

* * *

Now for the tale that there are "taped conversations" allegedly in the hands of the BND or German Secret Service. Philippine National Police Director General Panfilo Lacson has confirmed that such tapes exist, but there’s nothing known about the contents of such conversations, and neither does the Der Spiegel article in question refer to any taped phone conversations, now that I have a copy in hand.

It is true enough, as my own Deep Throat in Germany affirms (it was even mentioned in previous articles which appeared in German magazines and periodicals), that the Germans supplied Ghalib Andang alias "Commander Robot" with a satellite phone. This debunks the story, then, that the satellite phone utilized by the Abu Sayyaf kidnap chieftain had been the one seized from French Television Journalist Maryse Burgot of Channel 2.

The telephone was provided Robot through a German private detective named Werner Mauss, who had been recruited by the Germans to operate in Jolo during the hostage crisis. (This was, in fact, disclosed by Der Spiegel in an article published on Sept. 19 with a Jolo dateline under the headline: "Verzögerten Schmidbauer und Mauss Wallert-Freilassung?"

The Germans admit that they were the ones who formally requested the help of Libyan Strongman Moammar Ghadaffy in the hostage situation. Owing to the fact that the ruling Social Democrats didn’t have any contact with the Libyan dictator, the government enlisted the assistance of former Federal Intelligence Chief (Geheimdienst-koordinator) Bernd Schmidbauer – who served under ex-Chancellor Helmut Kohl – to make the request to Ghaddafy. As a result, Ghaddafy assigned to the task former Libyan Ambassador Rajab Azzarouk who had served nine years in the Philippines and knew many of the Moro "players" in Mindanao very well. The German press, in fact, alleged that initially Aventajado was reluctant to accept Azzarouk’s participation in the situation or welcome his presence in the negotiations.

STERN magazine, in a parallel series of articles, also confirms Mauss’s activities.

There’s even a question raised why hostage "negotiations" seem to have been suspended for a month between June and July. This query followed an initial report from the field by Mauss to the effect that the hostages could be freed without the paying of any ransom. No wonder the Germans are so skeptical about the whole thing.

There are many other unflattering references to the hostage negotiations in previously published articles not only in Der Spiegel, and STERN but in such heavy-hitting dailies as the Frankfurter Allegemeine Zeitung (FAZ), one of Germany’s most-respected newspapers. One alleged (that word grows on you) that Aventajado was seeking publicity and glory so he could run for President himself. Why are they so "down" on Robert? Do they know more than they’re saying?

In any event, Der Spiegel published the "diary" of its own kidnapped correspondent Andreas Lorenz some months ago. It recorded that $25,000 (not $1 million) or the equivalent of P10 million demanded by "Commander Daga" (Commander Rat), the leader of the "breakaway" Abu faction who abducted Lorenz, was withdrawn from the Deutsche Bank in Manila by the magazine’s editor. The editor then flew down to Mindanao in a Beechcraft Super King Air 200 leased from Air Ads. To his surprise, however, the Spiegel maintained, the editor was not taken to Tulawie to hand over the cash to Commander Daga, the kidnapper himself, but had to bring the cash in a travel bag ("in einem Sack Reis") to the home of Sulu Governor Abdusakur Tan. In any event, Lorenz was released.

There are many other articles and items of interest that can be recovered by diligent research into the archives of Der Spiegel or Spiegel Online, STERN, and other German publications, all containing little known nuggets of information about the Abu hostage drama. You know how the Germans are gluttons for detail.

Years ago, I sat enjoying a drink with a former German classmate at a cafe on Berlin’s glamorous Ku’damm. I admired the dozens of pretty girls who waltzed by. My German classmate looked at them, too, but he was – I discovered – busily counting them.

It’s said that when the Hitler offensive collapsed on the Eastern Front and Germany’s Wehrmacht, Panzerwagen, and other units retreated painfully through the winter snows back to a shattered Fatherland, they left quite a number of grievously wounded and dying soldiers behind. But they brought home almost all their records!