Kin of convicted Pinoy drug mule to make last-minute appeal

MANILA, Philippines - Philippine authorities raced against time to save a convicted Filipino drug courier from execution in China tomorrow even as the mother of the 35-year-old convict and three other family members flew to China to make a last appeal for compassion and, if unsuccessful, see him for the last time.

Maria Dolores, the mother of the convicted drug trafficker, left yesterday for Guangzhou, China, on a China Southern Airlines flight accompanied by three family members and Foreign Affairs official Frances Gail Atagan.

The execution will take place in China’s Guangxi province.

The convict was a confidential assistant of a Bataan politician before he decided to try his luck in Macau as a security guard after his politician boss lost in the elections.

The Overseas Workers Welfare Administration (OWWA), meanwhile, stressed the convict was not an overseas Filipino worker (OFW), hence not entitled to the usual assistance and benefits accorded to registered OFWs in distress.

“His name does not appear in our list of documented workers and members as well and based on the information we got from the Department of Foreign Affairs he is not an OFW,” OWWA chief Carmelita Dimzon said.

But the government is shouldering the airfares and hotel accommodations of the group, according to Foreign Affairs spokesman Raul Hernandez.

Despite China’s declaration that the sentence was final and executory, Vice President Jejomar Binay went to the Chinese embassy in Dasmariñas Village in Makati yesterday to personally deliver a letter from President Aquino to President Hu Jintao appealing for the commutation of the death sentence. Charges d’ affaires Bai Tian received Aquino’s letter.

“We fully respect the laws of China and we are appealing to you on humanitarian grounds,” Binay told Bai.

He told Bai that Dec. 8 is a significant date for many Filipinos as it is the Feast of the Immaculate Conception.

For his part, Bai assured Binay that Aquino’s letter “would be immediately delivered to the concerned people.”

“For humanitarian reasons, I appeal to Your Excellency to spare the life of (the Filipino) who was convicted and sentenced to death by the Guilin Municipal People’s Court,” Aquino wrote.

“I wish to stress that my government fully respects the law of China. However, I am moved by compassion for the family of (the convict) who is appealing that he be given a second chance to reform himself,” he added.

Binay was supposed to leave for China to deliver the letter to the Chinese president, but the Chinese government said “it was unable to arrange his visit at this time.”

Binay said he was optimistic the death sentence would be commuted. “As long as what we fear did not happen yet, we still have hope. Let us pray more to save our countryman’s life,” Binay said.

There was no immediate word from the embassy on Binay’s initiative, but Ethan Sun Yi, deputy chief of the political section of the Chinese embassy, said Beijing is ready to render as much assistance as possible to the convict’s loved ones once they arrive in China.

Rule of law

The Chinese foreign ministry, for its part, has reminded the Philippines that it is China’s duty to observe and uphold the rule of law.

“China is a country under the rule of law. The Chinese judicial authority treats foreign drug criminals equally, handles their cases in accordance with law, fully guarantees their litigation rights and access to due treatment and carries out relevant obligations prescribed in international conventions,” Chinese Foreign Ministry spokesperson Hong Lei told a press briefing in Beijing last week.

“I want to point out that China runs the state by law. The Chinese judicial authority has passed a sentence on relevant Philippine drug trafficker in accordance with law. China has noted that the Philippine side has expressed its respect for China’s judicial decision,” he added.

The 35-year-old Filipino drug convict was arrested in September 2008 upon his arrival at the Guilin International Airport from Malaysia for smuggling 1.495 kilos of heroine.

The DFA said 73 Filipino drug convicts in China have been given reprieve and saved from death row. Most drug couriers were said to be recruits of West African drug syndicates. The recruits, mostly women in poor Southeast Asian countries, would carry drugs to China in hidden compartments in their luggage in exchange for huge sums of money. The usual drug jump off points to the Chinese mainland, aside from the Philippines, are Macau, Hong Kong, Bangkok, Kuala Lumpur and Vietnam.

Philippine authorities have been warning travelers and job seekers of China’s severe punishment for smuggling or mere possession of drugs. In China, smuggling or possession of over 50 grams of drugs is punishable by death.

In March, China stayed the execution of three Filipinos – Ramon Credo, Elizabeth Batain and Sally Ordinario-Villanueva – following appeals from the Philippine government, only to carry it out a month later.

OWWA’s Dimzon, meanwhile, said they are ready to provide assistance to the family of the convict even if he is not officially registered as OFW.

“We will assist if necessary just like we did to the families of the three other Filipinos who were executed for drug trafficking in China,” Dimzon said.

Labor Undersecretary Danny Cruz, for his part, said the Department of Labor and Employment (DOLE) has no jurisdiction over the case of the Filipino since he is not an OFW.

“We have no other information about the case, but even if he is not an OFW we are still hoping that a miracle would happen and that he be given clemency,” Cruz said in an interview. – With Mayen Jaymalin, Jose Rodel Clapano, Rudy Santos