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Mary Jane Veloso’s return based on presidential discretion, minister asserts
Moves to extradite foreign nationals convicted in Indonesia to their origin country could be accommodated in a mutual legal assistance (MLA) in criminal matters with a partner country. It is also within the President’s authority to make any decision based on mutual benefits, humanity and human rights considerations, as well as the relationship with the country in question, despite the lack of regulations on the matter.
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Yogyakarta women's penitentiary head Evy Loliancy shows a recent photo of Filipina death row inmate Mary Jane Veloso (center) playing a keyboard ahead of Christmas celebrations during a press briefing in Wonosari, Yogyakarta, on Nov. 21, 2024. The Philippine woman sentenced to death in Indonesia on drug charges will be handed over to Manila following years of “long and difficult“ negotiations, President Ferdinand “Bongbong“ Marcos Jr said on Nov. 20. (AFP/Devi Rahman)
A senior cabinet minister has defended the decision to return Mary Jane Veloso, a Filipina domestic worker who has been on death row for 14 years in Indonesia, to the Philippines, amid questions over the legal basis and benefits for Indonesia of the prisoner transfer.
On Wednesday, Philippine President Ferdinand “Bongbong” Marcos Jr. announced the news on Instagram saying that Veloso “is coming home” after over a decade of diplomacy and consultations with the Indonesian government.
The decision to return Veloso was quickly questioned by experts, who questioned the legal basis of such a decision.
Coordinating Law, Human Rights, Immigration and Correctional Services Minister Yusril Ihza Mahendra acknowledged the lack of such regulations. However, he defended the policy, saying that a transfer of prisoners could be executed at the discretion of a sitting president; in this case, President Prabowo Subianto.
Moves to extradite foreign nationals convicted in Indonesia to their origin country could be accommodated in a mutual legal assistance (MLA) in criminal matters with a partner country. It is also within the President’s authority to make any decision based on mutual benefits, humanity and human rights considerations, as well as the relationship with the country in question, despite the lack of regulations on the matter.
“Because the law does not regulate or restrict such matters, the President has discretion to act on them,” Yusril said as quoted by a statement issued on Friday.
