SAVE FILIPINA MARY JANE
VELOSO – STOP THE EXECUTION IN INDONESIA!
We, human rights
advocates, women human rights defenders and concerned people of different
nations, add our voices to the urgent appeal of the Filipino people and the rest
of the world calling on Indonesian President Jokowi Widodo to stop the execution
of Mary Jane Veloso.
Mary Jane Veloso, a
30-year-old Filipina and mother of two children, was sentenced to death by the
Indonesian Supreme Court in April 2010 for drug trafficking. Veloso’s case was submitted for judicial
review, but her appeal was rejected by the Indonesian Supreme Court last March
26, 2015.
The Indonesian
government has transferred Mary Jane from the city of Yogyakarta to the maximum
security prison in Nusakambangan Island of Central Java to await execution by
firing squad. The notice for execution was served on April 25, 2015, and
according to Indonesian laws, the said decision will be implemented after 72
hours.
Veloso was a domestic
worker in Dubai from 2009 to 2010. She left Dubai and came back to the
Philippines after her employer attempted to rape her. On April 22, 2010, she was
illegally recruited by the daughter of her godfather to work as a domestic
worker in Malaysia. When she arrived in Kuala Lumpur, the same person told her
that the job was not available anymore and that she would instead be transferred
to Indonesia. Upon her arrival at the Jogjakarta airport, Veloso was apprehended
by customs officials. It was there that she found out that she was tricked into
carrying luggage containing 2.6 kilos of heroin.
Hidden inside Veloso's
luggage was 2.6 kilograms of heroin wrapped in aluminum foil, with an estimated
street value of US$500,000. She had been set up as a drug mule and was arrested
by the police.
Mary Jane was not provided
a lawyer or translator by the Philippine embassy upon her arrest in 2010. During
her trial, the court-provided interpreter was not a duly-licensed translator by
the Association of Indonesian Translators. Her lawyer during the course of her
trial was a public defender provided by the Indonesian police. The Phil.
government did not provide a lawyer during the crucial period of her 6-month
trial. Mary Jane was convicted after a very brief trial period – on October
2010, just six months after she was arrested. Public prosecutors asked the court
to sentence Mary Jane to life imprisonment but the judges handed down a death
sentence. Based on the timeline provided by the Department of Foreign Affairs,
the Phil. Embassy in Indonesia appealed the trial court sentence to the
Indonesia Court of Appeals in October 2010. The embassy-hired lawyer filed a
final appeal to the Supreme Court in February 2011. [i]
We
note the views of human rights organisations in the Philippines that the
Philippine government’s appeal for clemency for Mary Jane since 2011 was a
passive and perfunctory effort, with no further attempts of such after the
moratorium against executions was lifted by then newly-elected Indonesian
president Joko Widodo. Phil. Pres. Benigno
Aquino III only intervened more than a year after Veloso had already been
sentenced to death, through a request for clemency with then-President Susilo
Bambang Yudhyono who imposed a moratorium on executions during his term. This
was later rejected by new President Joko Widodo, who lifted the moratorium as
soon as he took office.
For
five years, the Philippine government and its Department of Foreign Affairs did
not actively initiate contact and worked with the Veloso family, nor provide
regular updates on the status of her case. According to Mary Jane’s
parents, Cesar and Celia, and her sister, Maritess, they learned of Mary Jane’s
imprisonment not from the government but from a phone call from Mary Jane
herself, and a few days later from her alleged recruiter, Kristina Sergio. The
Philippine government had not done anything to arrest, investigate or even just
invite for questioning Mary Jane’s alleged recruiter and trafficker.
Veloso's execution was
deferred by the Indonesian government in February 2015 following a formal appeal
from the Phil. Department of Foreign Affairs. Veloso claims she did not have a
capable interpreter during her trial. Last month, the Indonesian government
allowed her family — her mother, sister and two children — to see her in
prison.
On March 3 to 4, a two-day
trial was held in Sleman to determine whether there was new evidence in Mary
Jane’s case. Lawyers argued she deserved a case review because she wasn’t given
a capable translator. The head of the foreign language school in Yogyakarta
testified that the translator at the time was indeed their student. To support
Veloso’s case, her lawyers cited as precedent the Supreme Court’s decision in
2007 commuting the death sentence of another convicted drug smuggler, Thai
national Nonthanam M. Saichon, also because of the translator issue. But on
March 26, the Indonesian Supreme Court rejected the case review
request.
We acknowledge the
statements of UN Secretary General Ban-Ki Moon[ii],
UN Special Rapporteur on Extrajudicial Killings/Summary Executions Christof
Heyns[iii],
and the UN Human Rights Committee[iv]
on the dire lack of fair trial and due process in the case of foreign nationals
on death row, especially that of Veloso, in Indonesia.
Veloso’s case is indeed
indicative of several violations of the International Covenant on Civil and
Political Rights[v]
and the International Convention on the Rights of All Migrant Workers and their
Families[vi],
wherein both Indonesia and Philippines are State parties, including the right to
appear in court with qualified translators in the State of employment, legal
representation at all stages of the judicial process, consular support of State
of origin for foreign national defendants throughout the judicial process,
inconsistencies in sentences for similar cases, and the application of the death
penalty in drug-related cases[vii].
Mary Jane
Veloso is the eighth migrant worker put on death row under Pres. Aquino’s watch.
Seven have already been executed before her, earning for the Aquino regime the
stature of having the most number of executions of overseas Filipino workers
since the Philippine Labor Export Policy was hatched in 1970.There are at least
125 more OFWs on death row in other countries where capital punishment is also
imposed.
We stand with the Filipino
people and the rest of the world as one voice to save Mary Jane Veloso from
death row. She is a victim of human trafficking. She was betrayed, neglected by
the Philippine government and from then on, suffered grave injustice and
violations to her rights.
We join our voices with
the United Nations Secretary General Ban Ki Moon who have appealed to the
government of Indonesia to refrain from carrying out the execution.
We share the thoughts of
Jose Ramos-Horta[viii],
former Timor Leste President, who believes that Mary Jane is innocent and is one
of the thousands of women who are forced to leave their beloved country to work
overseas.
We call on fellow women, human rights advocates and defenders
of life, human dignity and justice, to hear the plea of Mary Jane and the
Filipino people. We echo her plea as to hear the plight of Filipino migrant
workers who are forced to work outside the country because of poverty and social
injustices that continue to this day in Philippine society.
NAME and/or
ORGANIZATION
[i] Migrante International,
Case Profile: Mary Jane Veloso, Migrante International, 6 April 2015, available
at http://migranteinternational.org/2015/04/06/case-profile-mary-jane-veloso/
[ii]
UN Secretary General
Statement, April 25, 2015, New York, available at http://www.un.org/sg/statements/index.asp?nid=8578
[iii]
Statement of UN
Special Rapporteur on Extrajudicial Killings/Summary Executions, February 13,
2015, available through: http://www.un.org/apps/news/story.asp?NewsID=50087#.VT26oGSqqko
[iv]
Statement of UN Human
Rights Committee, April 2, 2015, Geneva, available through: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15792&LangID=E
[v] UN General Assembly (23
March 1976), International Covenant on Civil and Political Rights, Articles
2.3(b), 6, 9.2, 14, available at http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
[vi] UN General Assembly (18
December 1990), International Convention on the Rights of All Migrant Workers
and their Families, Articles 9, 16, 18, 23, available at http://www2.ohchr.org/english/bodies/cmw/cmw.htm
[vii] UN Human Rights Committee,
General Comment on Article 6, para 7.4.
[viii]
Statement of Jose
Ramos Horta, available at https://www.facebook.com/officialramoshorta/posts/898883580163527
http://www.wunrn.com
http://www.wunrn.com