Jakarta, November 21, 2024. The Network Against the Death Penalty (Jaringan Tolak Hukuman Mati-JATI), composed of civil society organizations and individuals dedicated to abolishing the death penalty, appreciates the collaborative efforts of the governments of Indonesia and the Philippines. Both governments have agreed to take steps to resolve the case of death row inmate Mary Jane Veloso (MJV) through Transfer of Prisoner mechanism.
This development marks a significant milestone in MJV’s nearly 15-year struggle for justice.
JATI also urges the governments of Indonesia and the Philippines to take immediate action to finalize the Transfer of Prisoner agreement. It is essential to establish clear, measurable steps and specific timelines for the transfer of MJV to the Philippines.
For over 14 years, MJV has endured the unbearable reality of death row, torn from her loving family and subjected to the threat of inhumane punishment and psychological torment. She firmly asserts her status as a victim of human trafficking, a claim now bolstered by compelling new evidence from the Philippines.
This situation highlights significant flaws in the application of the death penalty. MJV’s transfer to Philippine custody offers an opportunity to ensure her rights are fully respected, and her voice is heard.
MJV represents the vulnerability and resilience of the poor and marginalized in the face of injustice. Her case is unique and unprecedented, as it spans multiple legal jurisdictions between countries, necessitating courageous responses and legal breakthroughs. It highlights the urgent need to address human trafficking and underscores the importance of being cautious with Narcotics Laws that may undermine the rights of victims caught in human trafficking syndicates.
JATI urges the governments of the Philippines and Indonesia to handle MJV’s case with the utmost care and apply the victim-centred approach to respect her rights as a victim of human trafficking. Upon her return home, she must receive the necessary legal and psychological support to rebuild her life. Additionally, JATI emphasizes that international human rights law regarding extradition stipulates that the process must ensure that the conditions in the receiving country do not pose a risk of execution for the transferred convict. This guarantee should be enforceable, as the Philippines abolished the death penalty in 2006.
We urge the Government of Indonesia to use this case as an opportunity to enhance efforts to combat human trafficking and safeguard the rights of migrant workers abroad. Additionally, it is crucial to protect them from the death penalty, which is enforced in several countries that apply capital punishment.
JATI reaffirms its commitment to the universal abolition of the death penalty. The MJV case serves as a painful reminder that the death penalty does not prevent crime and fails to address its root causes.
This case highlights the Indonesian government’s lack of upholding fair and impartial trial principles and its allowance of miscarriages of justice, particularly in death penalty cases. Therefore, the Indonesian government should take action by abolishing the death penalty and commuting death sentences.
It’s crucial to recognize that MJV is just one among many victims of human trafficking in Indonesia who are threatened by the death penalty, including both Indonesian citizens and migrant workers abroad. Numerous cases illustrate that the death penalty contributes to a vicious cycle of violence, strips away chances for rehabilitation, and unjustly punishes those who have been wronged and exploited.
JATI would like to remind the Indonesian government that the patterns of human trafficking that exploit women and vulnerable groups as drug couriers extend beyond the case of MJV. Numerous convicted drug traffickers, both foreign and Indonesian, receive the harshest penalties without any acknowledgment or safeguards as victims of human trafficking. Consequently, we implore the Government of Indonesia to actively consider implementing prisoner transfers, commutation, or amnesty options for death row inmates whose cases exhibit similarities to those of MJV.
We would like to express our position on this matter:
1. The governments of Indonesia and the Philippines should promptly establish and agree on specific steps and a clear, measurable timeline for the transfer of MJV from Indonesia to the Philippines;
2. The Philippine government should recognize MJV as a victim of human trafficking. Consequently, her rights must be respected and upheld, including exercising her rights as a victim of human trafficking to obtain commutation;
3. The Government of Indonesia should consider implementing a mechanism for the transfer of prisoners, commutation, or amnesty for death row inmates who have been identified as victims of human trafficking. This approach could draw inspiration from the MJV repatriation plan;
4. The Indonesian government should abolish the death penalty in its national criminal law, including revising Law No. 35/2009 on Narcotics, which has contributed to violations of the principles of fair trial and has led to the emergence of fabricated cases;
5. The Indonesian government should review death penalty cases and amend the sentences of death row prisoners as mandated by Law Number 1 of 2023 on the Criminal Code;
Contact Person:
1. Iweng Karsiwen (KABAR BUMI) – 081281045671
2. Yosua Octavian (LBHM) – 081297789301
3. Maidina Rahmawati (ICJR) – 085773825822
4. M. Afif Abdul Qoyim (YLBHI) – 081320049060
5. Gina Sabrina Monik (PBHI) – 085252355928
6. Amira (KontraS) – 08176453325
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