Indonesia says clemency for Veloso up to Marcos

MANILA, Philippines —  Indonesia will fully respect whatever decision President Marcos makes on the grant of clemency to Mary Jane Veloso, the overseas Filipino worker saved from execution on drug trafficking charges.

In a video statement, Indonesian Chief Minister for Law and Human Rights Yusril Ihza Mahendra said Wednesday that Veloso would be transferred to the Philippines in response to Manila’s request for pardon.

“We created a new policy that we had never done before. Not to release or give pardon to foreigners convicted by our court but instead we created a policy that is called transfer of prisoners,” Yusril said.

He said that the Philippine government or other countries that wish for the transfer of prisoners must acknowledge and respect the verdict of Indonesian court, and Indonesia can prosecute their citizens if they commit a crime.

The countries should respect and not to question the verdict of imprisonment, life sentence or the death penalty, and they must accept it.

“So for example, that is the case, then she (Veloso) will serve a life sentence in the Philippines instead based on the verdict of the Indonesian court. And we will fully respect the decision by the authority of President Marcos in enforcing their law in their country,” Yusril said.

“The Philippines had abolished the death penalty in their law system, and when she (Veloso) had returned to the Philippines, it will be the authority of the President (Marcos) to give pardon (from the Indonesian death penalty sentence),” he said.

Indonesia reduces Veloso’s sentence

President Marcos yesterday said that Indonesia has lowered the death sentence of Veloso to life imprisonment and a clemency for her is “on the table.”

In a media interview, Marcos said Veloso’s sentence was reduced because of the Philippines’ ties with Indonesia.

“Since we have good relations (with Indonesia), they found a way. This is the first time they did this,” he said.

Asked if the grant of clemency for Veloso was possible, Marcos replied: “We will see... This is the first time this has happened.”

“Everything is on the table,” he added.

In a joint statement, the Department of Justice and the Department of Foreign Affairs (DFA) said the Philippines is bound to honor the conditions that would be set for Veloso’s transfer, particularly the service of her sentence in the country, save for the death penalty which is prohibited under the country’s laws.

Marcos thanked Subianto and the Indonesian government for their goodwill, describing the outcome as a “reflection of the depth of our nation’s partnership with Indonesia,” countries that he said are “united in a shared commitment to justice and compassion.”

DFA Undersecretary Eduardo de Vega clarified that Indonesia has not requested any payback for Veloso’s return.

“So when she gets here, if she gets here and when she gets here, she will not immediately be released – it means, we will commit to detain her until such time that we have mutual agreement that she could be given clemency. But at least, she would be here,” he said.

Veloso yesterday said that she was “elated” to be returning home and be with her family.

“I’m grateful and would like to thank everybody who keeps making efforts so I can return to my country,” Veloso said in a written statement read by the prison warden Evi Loliancy on Thursday.

Veloso’s legal counsel Edre Olalia said the President now has the power to grant an absolute pardon to Veloso on humanitarian grounds considering that Indonesia has already passed on the responsibility of resolving the case.

Olalia noted that there are various forms of clemency and the highest of which is absolute pardon or amnesty.

“What we are pushing for is absolute pardon. Will we wait for 27 years to complete the 40 years? I hope not,” he said.

He said Veloso had already suffered much during her detention, and Indonesia’s president should be convinced to grant her clemency.

Aside from humanitarian considerations, there are also legal grounds that Marcos can cite to grant executive clemency to Veloso, National Union of People’s Lawyers president Ephraim Cortez told “Storycon” on One News said.

One of the possible reasons, he said, is the fact that Veloso is a victim of human trafficking, which under Indonesian law, Philippine law, and in international conventions, should be exempted from criminal liability if they did an act because of trafficking.

“Once her custody is transferred to the Philippines, the Philippine government can consider that part of our law and treat her as a human trafficking victim and apply the appropriate protective measures under our domestic laws,” he said.

Cortez said they will immediately ask Marcos to grant clemency to Veloso upon her return to the Philippines.

Cortez said Veloso’s return before Christmas is possible given that only paperwork and actual implementation is needed.

Charges of human trafficking, estafa and simple illegal recruitment are also pending against Veloso’s recruiters.

Olalia said they intended to present Veloso as a witness against the illegal recruiters if she could return to the country in time for the hearing of the case.

Meanwhile, Senate President Francis Escudero said he is confident the President would grant clemency to Veloso either in the form of pardon or commutation of sentence.

“However, it will have to go through the process, both legal and diplomatic, and with due courtesies to the Indonesian government,” Escudero said.

During the Kapihan sa Senado forum yesterday, Sen. Risa Hontiveros thanked the governments of Indonesia and the Philippines for working to bring Veloso home after her stay of execution.

But she lamented that Veloso would still languish in jail in the Philippines if she is not granted executive clemency.

“Let us celebrate her homecoming first. But if the Office of the President is studying the option of clemency, then that will be another reason to thank them,” she said.

Veloso was arrested in 2010 for smuggling 2.6 kilograms of heroin into Indonesia and sentenced to death under the country’s anti-drug laws.

Her execution was dramatically halted just hours before she was to face the firing squad, following an appeal from the Philippine government and the surrender of a recruiter whom Veloso accused of planting drugs in her luggage. – Alexis Romero, Mayen Jaymalin, Marc Jayson Cayabyab, Janvic Mateo, AFP