No written agreement yet on Mary Jane Veloso's transfer to PH —DFA

There is no written agreement yet between the Philippines and Indonesia regarding the repatriation of Filipino death row inmate Mary Jane Veloso, a Philippine official said Wednesday.

"If you mean may written agreement, wala pa yung sagot. Pero sila mismo ang pumunta sa atin to talk about this, so we’re extremely confident it will happen," Department of Foreign Affairs (DFA) Undersecretary Eduardo de Vega told reporters in a press briefing in Malacañang.

(If you mean a written agreement, there's no answer so far. But they are the ones who approached us to talk about this, so we're extremely confident that it will happen.)

De Vega said this in response to inquiry on whether Veloso's return to Philippines -- as announced by President Ferdinand "Bongbong" Marcos Jr. earlier in the day -- is already final as talks are still ongoing.

"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," Marcos said in a statement.

De Vega surmised that there is a reason for Marcos' announcement.

"Certainly our President must be privy to information which would explain his confidence," De Vega said. "So let’s just say that we’re just going to fine-tune the details."

PH's request

During the same press briefing, Justice spokesperson Mico Clavano said the Philippines is waiting for the Indonesian government's formal response to the request for Veloso's repatriation.

"The process that we had to go through… was the Indonesian government asked or requested that the Department of Justice (DOJ) through the secretary write a letter of request returning for transfer or repatriation of Mary Jane Veloso back to the Philippines,” Clavano said.  

“We’re currently awaiting the… formal response of the Indonesian government to our formal request as well for the repatriation,” he added. 

Last week, Indonesia’s Coordinating Ministry for Legal, Human Rights, Immigration, and Correction (Kemenko Kumham Imipas) said it is considering the option of “transfer of prisoner” or prisoner transfer for foreign inmates, including Veloso, as part of constructive diplomacy.

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. 

Veloso was arrested at an airport in Yogyakarta in Indonesia in April 2010 for carrying 2.6 kilograms of heroin. She was sentenced to death by an Indonesian district ourt in October of that year. 

In 2015, Veloso's execution was postponed at the last minute after the arrest in the Philippines of a woman suspected of recruiting her for drug-related activities.

“We’re assuring them (Indonesia), we’re not indicating that she’s being released. The President did not say she's free, but that she’s coming home,” De Vega said on Wednesday.

“We’ll be respecting the final agreements between both countries on her detention. And anything about her liberation would have to be discussed,” he added.

Detention

According to Clavano, upon arrival in the country, Veloso would still continue serving the sentence that she was meted out in Indonesia. He said the DOJ is still looking into where Veloso will be detained in the country.

“But we are looking at the Correctional Institution for Women in Mandaluyong as a possible facility that she can be transferred to,” he said.

Clavano said Justice Secretary Jesus Crispin Remulla has ordered the National Bureau of Investigation (NBI) to bring Veloso to the NBI detention center once she returns.

For his part, De Vega said he is hoping that Veloso would not be detained for more than a year.

Clemency

In a statement on X on Wednesday, lawyer Edre Olalia, one of Veloso's counsel, appealed to Marcos to grant her clemency  amid her possible return home to the Philippines.

“Even as we continue to pray that Mary Jane will really step foot back in our homeland soon, we call on President Marcos Jr. to accord her immediate clemency on humanitarian grounds and as a matter of justice,” said Olalia.

De Vega said that Indonesia is open to the eventual grant of clemency.

“In the talks with Ambassador Jamoralin, they were open to the possible, eventual grant of clemency by our own President,” he said.

“That is not yet final. Of course that would be an incredible bonus as well. It’s already great that they’re transferring her. But that is certainly possible,” he later added.

Meanwhile, De Vega said that the ongoing talks with Indonesia is a strong indication that they have no desire to execute Veloso.

“The fact that Indonesia is talking to us about transferring is the most powerful indication that they have no intent to execute her. Obviously once she is here, she is completely ligtas (safe),” De Vega said.

The Philippines has no death penalty.

Cases vs recruiters

A human trafficking case and large-scale illegal recruitment cases were filed against Veloso's alleged traffickers Julius Lacanilao and Cristina Sergio in a Nueva Ecjia court.

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

According to Clavano, Veloso is a crucial witness in the cases.

“The reason why this case has taken so long is precisely because the chance or the opportunities to interview or take her testimony has been very scarce. It would entail a lot of costs, a whole team, to be Indonesia, including the judge herself,” he said.

“Having her here in the Philippines would be quite convenient and would definitely speed up the process of the case.”

De Vega said Indonesia did not request anything in exchange for Veloso.

“They haven’t asked for anything, but of course, in the future if they may, then certainly the Philippines will remember this gesture on the part of Indonesia for our kababayan,” he said. —KBK, GMA Integrated News