Mary Jane Veloso transfer to PH prison being considered by Indonesia

After being in jail in Indonesia for 14 years, Filipina death row inmate Mary Jane Veloso may finally have a chance to come home to the Philippines through the “transfer of prisoner” policy.

In a press release translated to English, Indonesia’s Coordinating Ministry for Legal, Human Rights, Immigration, and Correction (Kemenko Kumham Imipas) said it is currently considering the option of “transfer of prisoner” or prisoner transfer for foreign inmates, including Veloso, as part of constructive diplomacy.

It said this was discussed during a meeting with Philippine Ambassador Gina Alagon Jamoralin where Coordinating Minister Yusril Ihza Mahendra emphasized that Indonesia upholds legal sovereignty and is committed to enforcing the criminal sanctions imposed by the courts. 

Yusril said the matter has been discussed internally within the Kemenko Kumham Imipas and brought to the attention of their newly elected President Prabowo Subianto.

He said they are now formulating a policy to resolve the issue of foreign prisoners in their country, either through bilateral negotiations or transfer of prisoner.

"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 press statement read. 

In accordance with this policy, the Philippines is expected to recognize the decision and enforce the sentence as determined in Indonesia as this serves as part of a reciprocal cooperation between the two countries. 

The Coordinating Ministry for Legal, Human Rights, Immigration, and Correction said it continues to coordinate with relevant parties to formulate further procedures, including negotiations and bilateral agreements with the Philippine government.

It expressed hope that this will strengthen the relationship between the two countries in upholding law enforcement and protecting the rights of citizens abroad.

Yusril said Indonesia respects the request from the Philippine government to consider the transfer of Veloso in the interest of law enforcement in the Philippines.

“The Philippine government is obligated to acknowledge and respect the legal process regarding Veloso, including the verdict issued by the Indonesian court,” he added.

“Our nation's sovereignty in prosecuting crimes committed by foreign nationals must be fully respected,” he further said.

However, Yusril said 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."

Granting remission or clemency

Atty. Edre Olalia, Veloso's legal counsel and National Union of Peoples' Lawyers chairperson, said there are three basic factors that President Ferdinand "Bongbong" Marcos Jr. can consider in granting Veloso clemency.  

"First is humanitarian grounds, second is evidence — Veloso as a human trafficking victim, not a drug mule. Third is legal dilemma, that the penalty that the Indonesian court granted do not exist in the Philippines," he said in a phone interview with GMA News Online. 

Olalia said although Veloso's transfer is still under consideration, the NUPL will welcome and support the decision if it is approved. 

"Kinokonsider pa lang, hindi pa formal but we welcome this, and it was a pleasant surprise. (This is something that) we did not anticipate," he said. 

"Again this is a government to government discussion but we can campaign for the administration to push this," he added. 

Veloso's family 

Asked if the family of Veloso has been informed about Indonesia's plan, Olalia said they probably know the news by now. 

Although he has been in constant communication with the family, he noted that it is their priority to see them face to face to explain the possibilities if the transfer is approved. 

In 2010, Veloso was convicted of drug trafficking after she was caught with 2.6 kilos of heroin in Yogyakarta. She was given the death penalty.

Veloso has since been asserting her innocence saying she was just a victim of human trafficking.

The Philippine government has repeatedly asked the Indonesian government for her freedom.

In 2015, then Indonesian President Joko Widodo said their government gave Veloso a ”temporary reprieve” from her scheduled execution in relation to alleged human trafficking.

A human trafficking case and large-scale illegal recruitment cases were filed against Veloso's traffickers Julius Lacanilao and Cristina Sergio in the Regional Trial Court of Nueva Ecjia.

In 2020, a guilty verdict on the illegal recruitment case was handed down on the recruiters but the trafficking case is still pending.

Veloso was reunited with her family in Indonesia in June 2023

In January 2024, Veloso’s family sent letters to Joko Widodo and President Ferdinand Marcos Jr. to appeal for her clemency.—AOL, GMA Integrated News