MANILA, Philippines — Indonesia is considering the transfer of Mary Jane Veloso to a Philippine prison, Jakarta's legal and human rights ministry announced Monday, November 11, offering the biggest breakthrough yet in the Manila' 14-year campaign to bring the Filipina death row inmate home.
Jakarta has also signaled it would allow the Philippines to make future decisions about potential clemency once Veloso is transferred – a major policy shift that could pave the way for her eventual freedom.
This was announced after Philippine Ambassador to Indonesia Gina Alagon Jamoralin's official visit to Indonesia's Coordinating Ministry for Legal, Human Rights, Immigration, and Correction on Monday. Bilateral cooperation matters were discussed, including the status of Veloso, who has been on death row since 2014.
Indonesian Minister Yusril Ihza Mahendra said the coordinating ministry is now drafting policies for transferring foreign prisoners, including Veloso, "in line with requests from the inmate's home country," according to an English translation of the Indonesian ministry's press release on Monday.
A copy of the ministry's press release, translated by Indonesia-based migrant advocacy organization Beranda Migran, was sent to Philstar.com by Veloso's legal team. This has since been reported by Jakarta-based newspaper Kompas and Independent Observer.
"This matter has been discussed internally within Kemenko Kumham Impas and has also been brought to the attention of President Prabowo (Subianto)," Yusril said, using the Bahasa term for Indonesia's Coordinating Ministry for Legal, Human Rights, Immigration, and Correction.
According to the Indonesian government, it is considering two mechanisms to implement the transfer: either through direct negotiations between Jakarta and Manila, or by crafting an official Indonesian policy on the transfer of prisoners.
"We are formulating a policy to resolve the issue of foreign prisoners in our country, either through bilateral negotiations or by devising a policy related to what is referred to in English as the transfer of prisoner," Yusril added.
Yusril said his office is coordinating with relevant Indonesian agencies to formulate procedures, including guidelines for negotiations and bilateral agreements with the Philippine government.
While the Indonesian government "respects" the Philippine government's request to transfer Veloso to a domestic prison, the coordinating ministry stressed that it would uphold Indonesia's legal sovereignty while considering the possibility of her transfer.
"If the request is granted, Mary Jane Veloso will continue to serve her remaining sentence in the Philippines, subject to the conditions determined by the Indonesian court's ruling," the Indonesian coordinating ministry said in its press release.
"In accordance with this policy, the Philippines is also expected to recognize this decision and enforce the sentence as determined in Indonesia," it added.
According to the ministry, this policy is part of a "reciprocal cooperation" between Manila and Jakarta to strengthen its law enforcement.
"The Philippine Government is obligated to acknowledge and respect the legal process regarding Mary Jane, including the verdict issued by the Indonesian court. Our nation's sovereignty in prosecuting crimes committed by foreign nationals must be fully respected," Yusril said.
Clemency. According to the Indonesian coordinating ministry, if Veloso is sent back to the Philippines, it's the Philippine government who has the "responsibility for their rehabilitation... including decisions on whether to grant remission or clemency."
"All of these decisions are handed over to the respective country," Yusril said.
'Novel and unprecedented'
The development is seen as the biggest window of opportunity for Veloso's lawyers to bring her back home and — in the best-case scenario — secure her freedom.
"This is a novel and unprecedented option," Edre Olalia, Veloso's private lawyer and chairperson of the National Union of People's Lawyers, told Philstar.com. "I do not know at this time any existing protocol where a foreign national serving a death sentence in another country is being transferred to the home country to serve that sentence."
The Filipina death row inmate has maintained her innocence since her 2010 arrest at Yogyakarta Airport, where authorities found 2.6 kilograms of heroin in her suitcase. In 2015, she was spared from execution at the eleventh hour after then-President Benigno Aquino III made a direct appeal to then-Indonesian President Joko Widodo.
While prisoner swaps between countries are common, Olalia explained, unilateral transfers of death row inmates are uncharted territory.
"This is different. This isn't a swap – they're specifically calling it a transfer of prisoner. We should take it as it is," Olalia said.
Olalia said the transfer proposal appears to align with President Ferdinand Marcos Jr.'s earlier statements in 2023 about bringing Veloso home so she could serve her sentence in the Philippines – an idea that he said raised eyebrows among Veloso's legal team.
"Now it turns out that this is a political and diplomatic solution, which for us, given the circumstances, is a welcome option," Olalia said. "[This is] even if we affirm that the illegal recruiters [of Veloso] must be liable for all the years that she has suffered."
Olalia outlined three potential grounds for clemency once she returns.
"First, humanitarian considerations – she's been detained for 14 years. Second, she's a victim of human trafficking. And third, that there is no law allowing for capital punishment in the Philippines," he said in mixed English and Filipino.
Seize diplomatic opening, but...
Olalia urged the Philippine government to seize this diplomatic opening, particularly with Indonesia's new leadership under Indonesian President Subianto.
"The first two modes – negotiation and bilateral agreement – are within the Philippines' power to pursue," he said. "The third option, a new policy statement from Indonesia, that's not in our hands."
Despite welcoming the possibility of a transfer, Olalia said the domestic case against Veloso's alleged traffickers must continue. The lawyer said the Regional Trial Court in Nueva Ecija is currently setting a date for Veloso's deposition, which could be taken in the Philippines if the transfer proceeds.
"The deposition must still push through, whether she's in Indonesia or here," he said.
"Even if she's released, we want to establish that she is a victim of human trafficking. This case is emblematic of our other countrymen who are taken advantage of by drug syndicates and end up becoming a victim," he added.
Human toll
The cost of Veloso's 14-year detention goes beyond legal battles. Olalia said she barely speaks Filipino anymore, having used primarily Bahasa Indonesia during her years in detention.
Her children have grown up without their mother, while her parents have aged during her incarceration.
"Whether inside prison or eventually if granted clemency outside prison... It's different when you're detained in another country," Olalia said.