Lawyers: DOJ's 'good conduct' plan for Veloso 'problematic,' 'unfair'
MANILA, Philippines — The Department of Justice’s (DOJ) possible application of the Good Conduct Time Allowance (GCTA) law to Mary Jane Veloso would be “unfair” and “problematic,” the National Union of People’s Lawyers said.
In a statement, Edre Olalia, secretary general of the National Union of Peoples Lawyers, who is also the legal counsel of Veloso, said she needs to wait for another six years to be able to qualify for the benefit of the GCTA and possibly parole.
“The idea of the DOJ for possible application of GCTA application is problematic and unfair to MJV who has been on death row since 2010 because this requires serving the minimum sentence of reclusion perpetua (or "life imprisonment" as others would call it) of 20 years,” Olalia’s statement read.
Olalia also said the president could already grant the clemency on humanitarian grounds, as Indonesia did not set any preconditions to Veloso’s transfer to the country, including “decisions whether to grant remission or clemency.”
“In fact, this constitutional power is beyond the ambit of the courts and needs no legislative concurrence (unlike amnesty). Any finding or study by the Board of Pardons & Parole (or legal experts for that matter) is only advisory & recommendatory. The President can overrule or even pre-empt such a decision by a subordinate body,” Olalia’s statement read.
In an ambush interview with Philstar.com, Justice Assistant Secretary Mico Clavano said the DOJ is still looking into the possibility of the GCTA law being applied to Veloso as there is a need for an equivalent GCTA law in Indonesia before it can be applied here.
“It depends. That's also part of what they need to study, whether their system there has an equivalent to GCTA. So, we'll see if we can credit whatever Good Conduct Time Allowance,” Clavano said in Filipino in an December 18 interview with Philstar.com.
"She's a very talented woman, she makes batik, plays the piano, so I don't think that good conduct is a problem," he added.
The GCTA is a law that is a mechanism to reduce sentences of persons deprived of liberty, including individuals convicted of heinous crimes.
Veloso returned to the Philippines on December 18, after 15 years of imprisonment in Indonesia after being convicted of drug trafficking.
She is currently on the fifth day of the required quarantine period of newly committed individuals in correctional facilities.
President Ferdinand Marcos Jr. on December 19 said the matter of clemency of Veloso is still far off.
“We still have to have a look at really what her status is. And then of course, we’re aware of the request for clemency from her,” Marcos said.
In 2010, Mary Jane Veloso was apprehended in Indonesia on charges of drug smuggling. Authorities discovered 2.6 kilograms of heroin in her luggage.
She was subsequently found guilty and sentenced to death. However, in 2015, the Indonesian government intervened, halting her execution at the eleventh hour due to a plea from then-President Benigno Aquino III.
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