What could happen to Mary Jane Veloso’s case if she is transferred to PH?

One of Mary Jane Veloso’s lawyers, Edre Olalia, says her possible transfer would create a “unique legal situation” since Indonesia imposed the death penalty, but no such punishment exists in the Philippines.

MANILA, Philippines – Mary Jane Veloso, a Filipino Overseas Worker (OFW) who has been on death row in Indonesia for more than a decade, may have within her grasp the scenario that her life would be spared if her “possible” transfer to the Philippines penetrate, her lawyer said.

According to Edre Olalia, part of Veloso’s team of private legal advisors and president of the National Union of Peoples’ Lawyers (NUPL), her transfer would create a “unique legal situation” because although her punishment in Indonesia is execution, there is no execution. death penalty in the Philippines.

The Philippines and Indonesia are “engaged in discussions” over the possible transfer of Veloso to the Philippines to serve the remainder of her sentence in a Philippine facility, the Department of Foreign Affairs (DFA) confirmed on Tuesday, November 19.

The DFA’s confirmation was a repeat of last week’s news from Indonesia’s Coordinating Ministry of Legal Affairs, Human Rights, Immigration and Correction, which also confirmed this following talks with Philippine Ambassador to Indonesia Gina Alagon Jamoralin on November 11. Veloso’s case was on the agenda. points, among other bilateral issues.

“If the request is granted, Mary Jane Veloso will continue to serve her remaining sentence in the Philippines, under the conditions determined by the Indonesian court’s ruling,” the Indonesian Coordinating Ministry said in a Nov. 11 press release, translated by Indonesia-based migrants. interest group Beranda Migran.

“In accordance with this policy, the Philippines is also expected to recognize this decision and implement the sentence as determined in Indonesia,” the ministry added.

According to Olalia, there would be no legal way to impose the death penalty if Indonesia decides to transfer custody and responsibility to the Philippines.

“Because you cannot impose a death penalty that is not on our books,” the lawyer told Rappler.

Potential scenarios

Olalia cited scenarios that are not intended to prejudge the decisions of the two governments.

At best, if Indonesia decided to hand Veloso over, President Ferdinand Marcos Jr. could grant her an absolute pardon immediately upon arrival in the Philippines, possibly even preventing her from setting foot in a Philippine institution.

The worst-case scenario is that her death sentence could be commuted to life imprisonment.

Either way, Veloso has a chance at life if her transfer goes through. And even if Philippine lawmakers decide to reintroduce the death penalty, it cannot be applied retroactively, Olalia said.

A possible new opening

Migrant rights groups in the Philippines and abroad have long campaigned for Veloso’s freedom and for Indonesia to be granted clemency. Although her case has long been decided in Indonesia, her case against her illegal recruiters is still pending in the Regional Court of Nueva Ecija.

Veloso was convicted of drug smuggling after transporting a suitcase containing heroin to Indonesia in 2010. Veloso has always maintained her innocence, saying she was tricked by her traffickers into unknowingly acting as a drug mule. (READ: What you need to know about the Mary Jane Veloso case)

She was sentenced to death in October 2010, just six months after her arrest. In 2015, the late former President Benigno Aquino III made a direct call for Indonesia to make Veloso a state witness. Then-Indonesian President Joko Widodo postponed Veloso’s execution so she could testify in a complaint filed against her recruiters in the Philippines.

Olalia said that before the development of Veloso’s possible transfer, their focus was on advancing her case against her illegal recruiters as a guilty verdict could increase her chances of leniency in Indonesia. This has come to a standstill because Veloso has not yet been able to make her statement from Indonesia.

“Given this, things may now change. But I would also like to tell you that regardless of whether custody is transferred to her or not, whether she is granted clemency or not, the deposition will take place because it is a legal case that must continue,” Olalia said.

The possibility of the Indonesian government granting Veloso clemency may still be on the table, as the transfer has not yet been decided.

“The DFA joins the Philippine nation in hopes and prayers for a successful resolution of this matter, one that will do justice to Ms. Veloso and her family while strengthening the deep ties of friendship between the Philippines and Indonesia,” the DFA in its statement on Tuesday.

Mary Jane’s parents: Send her directly to us

On Friday, November 15, OFW rights group Migrante International informed Veloso’s parents, Celia and Cesar Veloso, about the development from the Indonesian coordinating ministry.

According to Migrante International president Joanna Concepcion, Celia and Cesar’s first reaction to the possible transfer was fear. Since 2010, they have feared threats from their daughter’s illegal recruiters, who claim to be part of a larger syndicate, Concepcion said.

“The fight against prison guards in Indonesia consists of Mary Jane’s prison guards. Pero sa Pilipinas, alam nila Nanay at Tatay can also do this,” Concepcion told Rappler on Tuesday.

(In Indonesia, they feel more comfortable with prison because they have seen how the prison guards there take care of her. But in the Philippines, Nanay and Tatay know about the prison conditions here.)

“After we further explained how this development is a positive option, I told Mary Jane she could take the next step. Hindi siya dapat ikulong ditto, ” she added.

(After further explaining how this development is a positive option, they understood and said, “Mary Jane should be brought straight to our house and not to jail because she has done nothing wrong. She should not be locked up here.” ) – Rappler.com