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De Lima: ASEAN mutual legal assistance treaty saved Veloso
By MARK MERUE?AS, GMA News
(Updated 5:26 p.m.) Justice Secretary Leila de Lima on Wednesday revealed that a mutual legal assistance treaty among Southeast Asian nations paved the way for the 11th-hour reprieve for Mary Jane Veloso, the Filipina convicted of drug smuggling in Indonesia.
In a press conference, De Lima said she wrote Indonesia's attorney general and minister of justice and human rights Tuesday afternoon to invoke the Mutual Legal Assistance Treaty (MLAT), but refused to give further details of her correspondence.
She said just like in matters concerning an extradition treaty, MLAT matters are also treated with confidentiality.
“Hindi ko muna sasabihin [ang details]. That’s the advice of the Department of Foreign Affairs. No details muna. Maybe in some future ano... puwede sabihin, but not now,” said De Lima.
De Lima said Veloso would be needed by the Philippine government in the case buildup against her alleged illegal recruiter, Maria Kristina Sergio, and two other cohorts.
De Lima said a joint special task force has already been formed led by Undersecretary Jose Vicente Salzar to build the case against Veloso's illegal recruiters. Members of the task force include prosecutors, National Bureau of Investigation agents, and legal counsel and experts on the MLAT.
De Lima said she was the one who had advised President Benigno Aquino III to invoke the MLAT to secure a reprieve for Veloso. She said she decided to write to her counterpart after having a "sleepless" Monday night when she learned that the Philippines' appeal to save Veloso was denied.
"Veloso is technically a complainant against her recruiter. So tinanong ako ni Presidente, what happens if she's executed. Sabi ko, 'Sir hindi na uusad ang kaso na iyan,'" said De Lima.
"I said [to PNoy] the best po ngayon is let's target temporary reprieve by citing that. We can invoke the Asean MLAT, to which Asean member countries including the Philippines and Indonesia are parties and signatories too," she added.
No strings attached
Reprieve indefinite
De Lima said the Indonesian government has not set a deadline for Philippine authorities to resolve the cases being prepared against Veloso's recruiter. "It is indefinite until further notice," she said.
"It is such a wonderful feeling to be able to save the life just in the nick of time, literally," said the Justice secretary, adding: "It's temporary but hope springs eternal."
"Ginawa namin ang puwede namin gawin in less than 24 hours. It was a coordinated, corroborated, and determined effort on the part of the DFA and certainly on the part of the President," said De Lima.
Asked what exactly the MLAT entitles the Philippine government, De Lima said it would allow investigators to get information from Veloso.
"Puwede rin magpatulong sa Malaysia para ang ating mga imbetsigador, mayroon silang ma-trace at ma-access doon na evidence in support of Mary Jane," she added.
After being brought to Malaysia by Sergio with the promise of a job, Veloso was introduced to a certain "Ike," another suspect who handed her the luggage that contained the illegal drugs seized from her in Indonesia.
Asked if she might fly to Indonesia to personally oversee the progress on Veloso's case, De Lima said: "I am on standby."
As for Veloso, De Lima admitted it would be difficult to convince the Indonesian government to her to return to the Philippines to personally help in the investigation.
Since Veloso will have to personally subscribe to any sworn statement before a Philippine prosecutor, De Lima said they would be considering the possibility of sending a DOJ representative to Indonesia.
De Lima said the Philippine government, through the Philippine Drug Enforcement Authority, had actually already obtained a sworn statement from Veloso last March 31. She said she received the statement April 14, and referred it to the NBI for investigation.
The NBI probe resulted in the filing of a complaint of human trafficking, illegal recruitment, and estafa against Sergio, her live-in partner Julius Lacanilao, and "Ike."
Executive clemency
De Lima said she is hoping that the outcome of the Philippine probe on Veloso's illegal recruiters could increase Veloso's chances of possibly escaping death.
"Kapag mapatunayan ni Mary Jane, kapag ma-validate ang kanyang sinasabi through additional evidence and resulta ng preliminary investigation, then that would be good for Mary Jane. Baka mayroon pang ibang remedyo para maisalba siya from the death penalty," said De Lima.
"[But] I am not familiar with Indonesian law. I don't know kung may remedy siya sa judicial process, especially since na-reject na ang first and second appeal niya," she added.
De Lima, however, opened the possibility of Veloso seeking executive clemency from Indonesian President Jokowi Widodo.
"There such a thing as executive clemency and executive clemency may not be total absolution, like pardon, maybe commutation? Diba, makakatulong iyon?" said De Lima, but quickly added: "Pero wala pa po tayo doon. We're not yet there."
Veloso's life was spared by Indonesia Wednesday morning after Aquino made an appeal to the government, saying Veloso's recruiter has surfaced.
In a text message to media, Tony Spontana, spokesman for Indonesia's Attorney General, said: "There was a request from the Philippine president regarding the perpetrator who's suspected of committing human trafficking and surrendered in the Philippines. MJ is needed for her testimony." —KG/KBK, GMA News
In a press conference, De Lima said she wrote Indonesia's attorney general and minister of justice and human rights Tuesday afternoon to invoke the Mutual Legal Assistance Treaty (MLAT), but refused to give further details of her correspondence.
She said just like in matters concerning an extradition treaty, MLAT matters are also treated with confidentiality.
“Hindi ko muna sasabihin [ang details]. That’s the advice of the Department of Foreign Affairs. No details muna. Maybe in some future ano... puwede sabihin, but not now,” said De Lima.
De Lima said Veloso would be needed by the Philippine government in the case buildup against her alleged illegal recruiter, Maria Kristina Sergio, and two other cohorts.
De Lima said a joint special task force has already been formed led by Undersecretary Jose Vicente Salzar to build the case against Veloso's illegal recruiters. Members of the task force include prosecutors, National Bureau of Investigation agents, and legal counsel and experts on the MLAT.
De Lima said she was the one who had advised President Benigno Aquino III to invoke the MLAT to secure a reprieve for Veloso. She said she decided to write to her counterpart after having a "sleepless" Monday night when she learned that the Philippines' appeal to save Veloso was denied.
"Veloso is technically a complainant against her recruiter. So tinanong ako ni Presidente, what happens if she's executed. Sabi ko, 'Sir hindi na uusad ang kaso na iyan,'" said De Lima.
"I said [to PNoy] the best po ngayon is let's target temporary reprieve by citing that. We can invoke the Asean MLAT, to which Asean member countries including the Philippines and Indonesia are parties and signatories too," she added.
No strings attached
De Lima also assured Filipinos that the Indonesian government did not ask for anything in return when it granted the indefinite reprieve.
She described Indonesia’s grant of the reprieve as “unconditional.”
“Walang [kapalit]… Actually, [it was really a matter of] mutual respect,” said the Justice secretary, who revealed that a mutual legal assistance treaty (MLAT) among Southeast Asian nations convinced the Indonesian government to spare Veloso for now.
De Lima said it was her “legal imperative” to invoke the MLAT in order to buy Veloso more time and cooperate in the pending criminal complaint against her alleged illegal recruiters.
"We don’t want Indonesia to think na strategy lang ito. Naisip ko lang na talagang kailangan ito. Sayang naman. May ganyang kasong in-ano si Mary Jane [na kaso laban sa recruite niya]... kaso walang mangyayari kasi wala na siya,” said De Lima.
De Lima said Philippine Drug Enforcement Agency personnel earlier flew to Indonesia to obtain a statement to build up a case against her recruiter Maria Kristina Sergio.
This, the Justice secretary, said made Veloso "practically a complainant and a principal witness."
De Lima said the Indonesian government has not set a deadline for Philippine authorities to resolve the cases being prepared against Veloso's recruiter. "It is indefinite until further notice," she said.
"It is such a wonderful feeling to be able to save the life just in the nick of time, literally," said the Justice secretary, adding: "It's temporary but hope springs eternal."
"Ginawa namin ang puwede namin gawin in less than 24 hours. It was a coordinated, corroborated, and determined effort on the part of the DFA and certainly on the part of the President," said De Lima.
Asked what exactly the MLAT entitles the Philippine government, De Lima said it would allow investigators to get information from Veloso.
"Puwede rin magpatulong sa Malaysia para ang ating mga imbetsigador, mayroon silang ma-trace at ma-access doon na evidence in support of Mary Jane," she added.
After being brought to Malaysia by Sergio with the promise of a job, Veloso was introduced to a certain "Ike," another suspect who handed her the luggage that contained the illegal drugs seized from her in Indonesia.
Asked if she might fly to Indonesia to personally oversee the progress on Veloso's case, De Lima said: "I am on standby."
As for Veloso, De Lima admitted it would be difficult to convince the Indonesian government to her to return to the Philippines to personally help in the investigation.
Since Veloso will have to personally subscribe to any sworn statement before a Philippine prosecutor, De Lima said they would be considering the possibility of sending a DOJ representative to Indonesia.
De Lima said the Philippine government, through the Philippine Drug Enforcement Authority, had actually already obtained a sworn statement from Veloso last March 31. She said she received the statement April 14, and referred it to the NBI for investigation.
The NBI probe resulted in the filing of a complaint of human trafficking, illegal recruitment, and estafa against Sergio, her live-in partner Julius Lacanilao, and "Ike."
Executive clemency
De Lima said she is hoping that the outcome of the Philippine probe on Veloso's illegal recruiters could increase Veloso's chances of possibly escaping death.
"Kapag mapatunayan ni Mary Jane, kapag ma-validate ang kanyang sinasabi through additional evidence and resulta ng preliminary investigation, then that would be good for Mary Jane. Baka mayroon pang ibang remedyo para maisalba siya from the death penalty," said De Lima.
"[But] I am not familiar with Indonesian law. I don't know kung may remedy siya sa judicial process, especially since na-reject na ang first and second appeal niya," she added.
De Lima, however, opened the possibility of Veloso seeking executive clemency from Indonesian President Jokowi Widodo.
"There such a thing as executive clemency and executive clemency may not be total absolution, like pardon, maybe commutation? Diba, makakatulong iyon?" said De Lima, but quickly added: "Pero wala pa po tayo doon. We're not yet there."
Veloso's life was spared by Indonesia Wednesday morning after Aquino made an appeal to the government, saying Veloso's recruiter has surfaced.
In a text message to media, Tony Spontana, spokesman for Indonesia's Attorney General, said: "There was a request from the Philippine president regarding the perpetrator who's suspected of committing human trafficking and surrendered in the Philippines. MJ is needed for her testimony." —KG/KBK, GMA News
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