Filipino death row convict set to return home; freedom still up to President Marcos, Indonesia

Mary Jane Veloso was spared execution in Indonesia on charges of drug trafficking in 2015, and will return home after years of negotiations between Manila and Jakarta, President Marcos said on Wednesday.

Julie M. Aurelio

Julie M. Aurelio

Philippine Daily Inquirer

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On the day President Marcos broke the news of her return to the Philippines, this picture of Mary Jane Veloso (in black shirt), whose case has been making headlines since 2010, were taken in a prison facility in Indonesia. PHOTO: ANTICAPITAL PUNISHMENT NETWORK/PHILIPPINE DAILY INQUIRER

November 21, 2024

MANILA – Mary Jane Veloso, the Filipina domestic helper spared execution in Indonesia on charges of drug trafficking in 2015, will return home after years of negotiations between Manila and Jakarta, President Marcos said on Wednesday.

Her ultimate freedom, however, will be in the hands of the President following calls for her to be granted clemency—with the consent of the Indonesian government—once she returns to the country.

“Eventually, the goal is not just for her to be transferred, but for our President to … issue clemency,” Foreign Undersecretary Eduardo Jose de Vega told a media briefing in Malacañang.

READ: Senators laud Mary Jane Veloso’s return; cite Marcos’ diplomatic tack

De Vega said he could not yet give details as to when the 39-year-old Veloso would be home or Indonesia’s conditions for her detention in Manila, but any move to ask for her eventual freedom would be made once she’s back.

He clarified that Mr. Marcos’ grant of clemency to Veloso would still need the approval of Indonesia out of respect for its sovereignty, jurisdiction and laws.

De Vega said that while Indonesia was not surrendering its jurisdiction, the decision to transfer Veloso to Manila was “the most powerful indication that they have no intention to execute her.”

Legal processes

De Vega said Indonesian government officials were “open to the possible, eventual grant of clemency by our own President,” based on their talks with Gina Jamoralin, the Philippines’ ambassador to Indonesia.

According to a Nov. 11 statement from the Coordinating Ministry for Legal, Human Rights, Immigration, and Correction, Minister Yusril Ihza Mahendra said that Indonesia respected Manila’s request to consider the transfer of Veloso, but emphasized that the Philippine government must also acknowledge and respect the legal processes in her case, including the verdict issued by the Indonesian court.

“Our nation’s sovereignty in prosecuting crimes committed by foreign nationals must be fully respected. However, if a foreign national prisoner has been returned to their home country, the responsibility for their rehabilitation rests with that country, including decisions on whether to grant remission or clemency. All of these decisions are handed over to the respective country,” Yusril said.

“And now we have a new president of Indonesia, a good friend of our President. Certainly, we will initiate (the grant of clemency) as soon as possible,” De Vega said.

Veloso was arrested in the city of Yogyakarta for carrying 2.6 kilos of heroin concealed in a suitcase in 2010.

Veloso was spared from the firing squad at the last minute in 2015, after Philippine officials asked then Indonesian President Joko Widodo to let her testify against members of a human- and drug-smuggling ring in Manila.

The execution of eight other drug convicts went ahead, with Veloso’s reprieve described as a postponement by Widodo, whose presidential term ended last month.

Shared commitment

“After over a decade of diplomacy and consultations with the Indonesian government, we managed to delay her execution long enough to reach an agreement to finally bring her back to the Philippines,” Mr. Marcos said in a statement.

The President noted that Veloso’s story resonated with many in the Philippines, as “a mother trapped by the grip of poverty, who made one desperate choice that altered the course of her life.”

“While she was held accountable under Indonesian law, she remains a victim of her circumstances,” he pointed out.

“We are happy that Mary Jane will be back home,” her mother, Celia Veloso, told radio station dwPM, though adding that the family is still worried that international syndicates involved in the case would harm Veloso and their relatives.

Veloso had always maintained her innocence, saying she was an unwitting drug mule for a local employment recruiter.

Justice Assistant Secretary Mico Clavano, the Department of Justice spokesperson, on Wednesday said he was optimistic that Veloso’s detention here would expedite the prosecution of the qualified trafficking in persons, illegal recruitment, and estafa against Veloso’s traffickers before a Nueva Ecija court.

Nothing in return

According to De Vega , Indonesia has not sought anything in return for Veloso’s transfer.

“There are a lot of speculations as to what the conditions were. The Indonesians have not requested any payback, any quid pro quo for this. May I clarify, this is not in return for anything… They have not asked for anything, prisoner exchange, nothing,” he said.

De Vega noted that Indonesia helped the Philippines a lot in tracking down and arresting dismissed Bamban, Tarlac Mayor Alice Guo, who was flown back to the country in September.

However, the government will certainly keep Veloso’s transfer in mind should Indonesia ask the Philippines for help in the future.

“Of course, we know about the debt of gratitude and that similarly, they may request something from us in the future, but right now, they are not asking for anything in return for this arrangement… They haven’t asked for anything. But of course, in the future, if they do, the Philippines will remember this gesture on the part of Indonesia for our countryman,” De Vega said.

Calls for clemency

Various groups on Wednesday urged the government to grant Veloso “immediate clemency” once she returns.

“We call on the Marcos Jr. Administration to grant Mary Jane immediate clemency upon her return home to the Philippines under humanitarian grounds and as a victim of human trafficking,” said migrants’ rights group Migrante international.

Women’s alliance Gabriela on Wednesday issued the same call based “on humanitarian grounds, given her status as a trafficking victim.”

“We assert that Mary Jane is a victim, not a criminal. Her case highlights the structural violence inflicted upon Filipino women by a system that pushes them into precarious situations abroad,” read Gabriela’s statement.

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