MANILA, Philippines — Mary Jane Veloso, an overseas Filipino worker (OFW) who has been on death row in Indonesia for over a decade, might soon be spared from execution. The Indonesian government has announced that it is considering transferring her to the Philippines by December 2024, provided specific conditions are fulfilled.

Veloso’s lawyer, Edre Olalia, noted that her transfer would create a “unique legal situation,” as the death penalty is no longer part of Philippine law.

“Because you can’t impose a death penalty that is not existing in our books,” said Olalia, chairperson of the National Union of Peoples’ Lawyers (NUPL) and part of Veloso’s legal team.

Diplomatic Breakthrough

The Department of Foreign Affairs (DFA) announced ongoing discussions between Manila and Jakarta regarding Veloso’s transfer. The talks were highlighted during a November 11 meeting between Philippine Ambassador Gina Alagon Jamoralin and Indonesia’s Coordinating Ministry for Legal, Human Rights, Immigration, and Correction.

“If the request is granted, Mary Jane Veloso will continue to serve her remaining sentence in the Philippines, subject to the conditions determined by the Indonesian court’s ruling,” the Indonesian ministry said in a press release translated by migrant advocacy organization Beranda Migran.

These conditions include the Philippines recognizing the Indonesian court’s decision, Veloso serving the remainder of her sentence in a Philippine facility, and Manila shouldering the cost of her transfer.

Path to Clemency

Indonesia’s Coordinating Minister Yusril Ihza Mahendra indicated that the transfer process could begin as early as December 2024. Upon her return, Philippine President Ferdinand R. Marcos Jr. could potentially commute her death sentence to life imprisonment, aligning with the country’s abolition of the death penalty.

Yusril also said the decision on whether to grant remission or pardon would rest with the head of state. “It is possible that President Marcos will grant pardon and change her sentence to life imprisonment. This step is within the full authority of the President of the Philippines,” the minister explained.

Furthermore, DFA Undersecretary Eduardo De Vega shared that Indonesian officials showed openness to granting clemency. “In discussions with Ambassador Jamoralin, they indicated the possibility of President Prabowo Subianto granting eventual clemency,” De Vega said during a Malacañang press briefing.

A Decade-Long Ordeal

Veloso was arrested in 2010 at Yogyakarta Airport after Indonesian authorities found 2.6 kilograms of heroin in her suitcase. She was sentenced to death later that year. In 2015, she received a last-minute reprieve when the Philippine government informed Indonesia that her recruiters had surrendered. Despite this, Veloso remained on death row under former Indonesian President Joko Widodo’s firm stance against granting clemency in drug-related cases.

Her transfer to the Philippines, if approved, would allow her to serve her sentence under Philippine laws, which could pave the way for eventual clemency or a reduced sentence. “Her transfer would mean that the Philippines takes custody and responsibility for enforcing her sentence within the bounds of its laws,” Olalia explained.

Preparations for Veloso’s Return

Justice Secretary Jesus Crispin “Boying” Remulla has tasked the National Bureau of Investigation (NBI) with handling Veloso’s transfer. Officials are also exploring possible detention facilities, including the Correctional Institute for Women in Mandaluyong.

The DFA and the Department of Justice (DOJ) have committed to fast-tracking the legal and logistical aspects of Veloso’s transfer. “We will respect and honor Indonesia’s sovereignty and jurisdiction over the case,” De Vega emphasized.

Hope for a New Chapter

Veloso’s possible return marks a glimmer of hope in her decade-long ordeal. For her family and supporters, the transfer could symbolize a new chapter, offering her a chance to live under a system that does not impose the death penalty.

Both the Philippine and Indonesian governments remain committed to resolving the legal complexities surrounding the case, signaling a collaborative approach to justice and human rights for Veloso. For now, her fate rests on continued diplomatic efforts and the fulfillment of conditions set by Indonesia.

📷 National Union of Peoples’ Lawyers