MANILA, Philippines – The Philippine government has worked out a deal where President Ferdinand Marcos Jr. can, if he wants to, pardon Mary Jane Veloso once she is transferred to a Philippine prison.

“With respect to the grant of executive clemency, that is a decision that rests exclusively to the President of the Philippines,” Philippine Justice Undersecretary Raul Vasquez said in a press conference held in Jakarta on Friday, December 6, alongside his Indonesian counterpart.

Vasquez said Indonesia did not attach any condition to what he called a “sui generis (of its own kind) arrangement” to transfer Veloso.

“None, there are no conditions of that nature,” Vasquez said, responding to a question whether Indonesia set out a minimum time period before Philippines can even begin to decide whether Veloso would be pardoned. 

Pardon is a type of clemency. Philippine presidents usually grant executive clemency by bulk to elderly or sickly prisoners, while pardon has been more political. Then-president Gloria Macapagal-Arroyo pardoned Joseph Estrada of plunder, and former president Rodrigo Duterte pardoned United States Marine Joseph Scott Pemberton of homicide for killing transgender Filipino woman Jennifer Laude. (READ: What you need to know about presidential pardons)

“There is no treaty between the two countries and yet for humanitarian grounds, and because of the international committee and mutual courtesy that exists between and amongst member states of the United Nations and countries in the ASEAN, we have that mutual desire to protect the human rights of all our peoples,” said Vasquez.

While waiting for any decision on pardon or clemency, Veloso will remain in prison as a sentenced convict. In November, Indonesia agreed to repatriate Veloso, a domestic helper and mother of two, who was arrested in Yogyakarta in 2010 after being found with 2.6 kg of heroin concealed in a suitcase. She received a last-minute reprieve from execution in 2015.

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Indonesia’s senior minister for law and human rights affairs Yusril Ihza Mahendra said the Philippines agreed on several terms proposed by Indonesia, including respecting the Indonesian court’s sentencing of Veloso and her status as prisoner in Indonesia. Indonesia would respect any decision made by the Philippines after Veloso returned home, including if she was given clemency, he added. 

Yusril told Reuters that he and his Philippine counterpart would sign the agreement later on Friday, and said it was expected that Veloso, could return to her home country before Christmas.

“As instructed by President Prabowo, if possible, we could resolve this case before Christmas,” Yusril said.

Vasquez said “this had been a long and tedious process of 10 years,” and called the deal “a fitting gift” from Indonesia for the celebration of 75 years of diplomatic relations between the two countries.

Veloso was spared execution in Indonesia in 2015 when former president, the late Benigno “Noynoy” Aquino III, appealed for reprieve to give way to a domestic case against Veloso’s recruiter. Veloso claims she was just used as a drug mule by the recruiter. There is no death penalty in the Philippines, which means that the mere transfer to the Philippines had already saved Veloso from certain death.

“[The Velosos] had long been wanting to see their family back and hold her in their arms. And finally, it would also be a way that justice could be better served in order for traffickers to face the consequences for their acts,” Vasquez said, who added that on top of the illegal recruitment conviction, the recruiters face “a far graver offense still” which is qualified human trafficking. – With reports from Reuters/Rappler.com