Prisoner swap talks with China set

MANILA, Philippines - The Philippines and China will soon begin negotiations for a “Transfer of Sentenced Persons Agreement” aimed at providing the government with an additional tool for assisting Filipinos in distress, including those in jail in China principally on drug-related cases.

Foreign affairs spokesman and concurrent Assistant Secretary for Legal Affairs Eduardo Malaya said yesterday the Department of Foreign Affairs (DFA) welcomed the call of Sen. Francis Escudero for the government to forge such agreements with countries hosting large numbers of overseas Filipino workers (OFWs).

“We welcome the call of Sen. Escudero for the DFA to conclude (the agreements) and we thank him for his support for our work, and indeed, the DFA will prioritize this type of agreement as additional tool for assisting our Filipinos in distress,” Malaya said in a press briefing.

He explained that the agrrment’s objective is to allow the transfer of a convicted individual from signatory country to his home country where he can serve the remaining portion of his sentence.

“What may be different is the sentence that may be imposed upon the individual, but that aspect is immaterial so in case there would be such a conclusion of this proposed agreement with China, then that would be the premise of this agreement and will be made available to those who are in jail currently in China,” Malaya said.

“And to my recollection this would have retroactive effect and the Chinese Ministry of Justice welcomed this initiative when we broached this last year. The two sides will be sitting down shortly on a negotiation session,” he added.

According to Malaya, the inclusion of Filipino and Chinese nationals sentenced to death for crimes such as drug trafficking in the agreement has to be negotiated and agreed upon by the two countries.

“It depends on the provisions of the agreement. It would depend upon the terms of the agreement. It may be excluded. It’ll depend on what will be negotiated and we’ve not gone to that,” he said.

DFA Undersecretary for Migrant Workers’ Affairs Esteban Conejos, Jr. said there was no discussion about such an agreement and its possible application on Filipinos in death row in China for drug trafficking during the visit of Vice President and presidential adviser on OFWs concerns Jejomar Binay to Beijing to plead for the lives of Elizabeth Batain, Ramon Credo and Sally Ordinario-Villanueva.

“No, there was no discussion on this,” Conejos said.

“It is two-way. It would not just be for Filipinos but also for Chinese nationals and it’s voluntary. It’s optional for them if they would like to stay where they are now. That’s also allowable under the agreement, so if a Chinese national wants to remain in one of our prisons that’s also fine,” he said.

The Philippines has initiated talks for a bilateral Transfer of Sentenced Persons Agreement with China in September 2010 and has forwarded a draft agreement to the Chinese side. There are over 200 Filipinos in jail in China principally on drug-related cases.

The DFA said the Chinese Ministry of Justice welcomed the initiative from the Philippines and expressed hopes that such agreement would be signed.

The Philippines has similar agreements with Thailand, Hong Kong and Spain.

The DFA will submit to the Senate for its concurrence the signed agreement with Canada.

The DFA also initiated talks in November for the country’s accession to the Strasbourg Convention on the Transfer of Sentenced Persons, a multilateral framework for the transfer of sentenced persons, involving 64 member-states, including the European Union (EU) countries, the United States, Japan and Australia.

More prayers

Executive Secretary Paquito Ochoa Jr. has rallied the nation to continue with people power through prayers for Ordinario-Villanueva, Credo, and Batain.

“Allow me also to ask that you all continue praying for our three countrymen in China who are currently on death row so that we may possibly be given another miracle – commutation of the sentences of our kababayans,” Ochoa said during the launch of the book “Noynoy: Triumph of a People’s Campaign.”

Ochoa added that he was pleased with the decision of China to postpone the execution but hoped the three would eventually be spared from the death penalty.

Binay said China did not indicate how long the reprieve would be or if there would be commutation of the death sentence.

At the book launching Monday in Greenbelt, Makati City to kick off the weeklong celebration of the 25th anniversary of the EDSA people power revolution, Ochoa underscored the importance of people power, calling it a Filipino legacy that continues to inspire peaceful quest for freedom across the globe.

On behalf of Aquino, the executive secretary congratulated Ambassador Wilfrido Villacorta, the book author, for chronicling the “hard work and sacrifices of millions of Filipinos who believed that change was possible and who unselfishly and unconditionally offered their share in realizing this change.”

At the Department of Justice, Secretary Leila de Lima ordered the National Bureau of Investigation (NBI) yesterday to intensify its operations against drug syndicates, including foreign ones, employing Filipino workers as couriers.

“A crackdown on the syndicates. That’s the directive of the President to law enforcement agencies because they take advantage of people’s poverty, innocence, or vulnerability,” De Lima said in a press conference.

She also directed the NBI to determine whether it’s a lack of technology or connivance with airport, customs or immigration authorities that enabled syndicates to smuggle drugs. “If the technology turns out to be sufficient, then heads will roll,” she said.

NBI director for Intelligence Services Ruel Lasala, for his part, said they were building a strong case against members of a Western African drug syndicate. He said the syndicate is involved in other criminal activities like money laundering and credit card fraud.

Meanwhile, Labor Undersecretary Danilo Cruz reported that the Overseas Workers Welfare Administration (OWWA) has already set aside P25 million for possible repatriation of OFWs from Libya. With Aurea Calica, Mayen Jaymalin, Sandy Araneta