MANILA, Philippines – Once Mary Jane Veloso, the Filipino who has been on Indonesia’s death row for over a decade, is brought back home, the Philippines will not be able to set her free just yet. However, her life will be spared.

“When she gets here, she will not immediately be released. It means we will commit to detain her until such time that we, in a mutual agreement [with Indonesia, decide] that she could be given clemency,” Foreign Undersecretary for Migration Eduardo de Vega said in a Malacañang press briefing on Wednesday, November 20.

“But at least she would be here,” he added.

Asked if it would be safe to say that Veloso is spared from death row, De Vega said: “Nothing is 100%. But the fact that Indonesia is talking to us about transferring, is the most probable indication that they have no intent to execute her. And obviously, once she’s here, she is completely ligtas (safe).”

President Ferdinand Marcos Jr. announced on Wednesday morning that Veloso will soon be returning to the Philippines. Veloso, who went to Indonesia in 2010, was arrested and sentenced to death for drug smuggling. She has always maintained that her recruiters duped her into becoming a drug mule. (READ: What you should know about the case of Mary Jane Veloso)

The President welcomed the development, saying that after over a decade of diplomacy and consultations with the Indonesian government, the three administrations that handled appeals “managed to delay her execution long enough to reach an agreement to finally bring her back to the Philippines.”

Justice Assistant Secretary Mico Clavano, also present in the Malacañang briefing, said that the justice department was still discussing where exactly Veloso would be detained once she is transferred, but that the Correctional Institution for Women in Mandaluyong City was one of its options.

Clavano said that technically, Indonesia will retain legal custody, while the Philippines will have physical custody.

“However, the Indonesian government is aware that we do not have the death penalty here, which they respect as well, which is a consideration obviously when they also issued the policy of transferring certain detained individuals back to their own countries,” said Clavano.

“Indonesia is not surrendering its jurisdiction over the case,” said De Vega. “But…they already [concede] that there will be no execution and that is still a major concession.”

De Vega also said Indonesia was willing to negotiate the transfer without asking for anything in return.

In a radio interview, Mary Jane’s father Cesar Veloso thanked Marcos for the government’s efforts to bring his daughter home.

“Talagang maraming, maraming salamat po sa ating mahal na Pangulo at natugunan na rin po ang aming kahilingan na pauwiin na rin po si Mary Jane dito sa Pilipinas,” Cesar said.

(We are really so thankful to the President for acting on our appeal to bring Mary Jane home to the Philippines.)

Veloso is the only Filipino on death row in Indonesia. However, Philippine government numbers show there are 59 Filipinos on death row in countries all over the world.    

Pending case in Nueva Ecija

Veloso’s case in Indonesia for drug trafficking has long been decided, but the case against her recruiters remains ongoing at the Regional Trial Court of Nueva Ecija. It is the reason why Indonesia agreed to delay her execution in 2015, since the late former president Benigno Aquino III asked Indonesia at the eleventh hour to turn Veloso into a state witness.

Aquino’s foreign secretary, the late Albert del Rosario, said Indonesia granted Veloso a reprieve to allow her to testify against her recruiters. Aquino said the case would help Indonesia pin down a drug trafficking syndicate, which allegedly included Veloso’s recruiters.

Clavano said Veloso’s return will benefit the case. She was supposed to give her deposition from Indonesia, but it became stalled for a long time because of requirements by the Indonesian government, such as the presence of the judge and prosecutors.

“So, having her here in the Philippines will be quite convenient and would definitely speed up the process of the case,” said Clavano.

Indonesia’s change of policy

In the Wednesday briefing, De Vega said it was Indonesia that kick-started talks for Veloso’s forthcoming transfer. 

Yusril Ihza Mahendra, who heads Indonesia’s Coordinating Ministry for Legal, Human Rights, Immigration, and Correction, informed the Philippines that they were “formulating a policy [on the] transfer of foreign persons to their host countries,” according to De Vega. Indonesia then requested the Philippines’ Department of Justice to formally request Veloso’s transfer.  

“The very fact that Ms. Veloso is still alive this very day is a tribute to the world that the government has been doing for over a decade and also to the warm ties and the friendship and cooperation between the Philippines and Indonesia,” added De Vega. 

“The new administration of [President] Prabowo wants to open a new chapter in its relations with the Philippines [and] we may even get a transfer. Eventually, the goal would be not just for her to be transferred but for [President Marcos] to be able to issue clemency,” said De Vega. 

Indonesia’s forthcoming policy is preceded by a late 2022 revision to its Criminal Code which “introduced an automatic 10-year probation for convicts on death row to demonstrate good behavior for the possibility of having their sentences commuted,” according to the Jakarta Post. 

The amendment takes effect in 2026.

During the administration of Prabowo’s predecessor Joko Widodo, the Philippines had asked Indonesia for Veloso’s clemency. 

Joy among advocates

Through the years, Veloso gained supporters from the Philippines and Indonesia who campaigned for her release.

In a statement on Wednesday, Edre Olalia, one of Veloso’s private lawyers and chairperson of the National Union of Peoples’ Lawyers, said he was “exulted” to be informed about Veloso’s transfer.

“We thank even this early the migrant and church groups and others both in the Philippines and Indonesia and all others who have not lost faith and who hoped that one day she will be home somehow,” he said.

Migrante International also thanked Veloso’s supporters who worked from all around the world, and believed her story as a victim of human trafficking.

“Since 2015, migrant and human rights advocates and organizations successfully campaigned to save her life from execution and have relentlessly pushed for clemency for Mary Jane as a victim of human trafficking. We were all part of this long journey and contributed greatly to this victory,” the rights group said.

Olalia and Migrante called on Marcos to grant Veloso immediate clemency when she returns to the Philippines. – Rappler.com