REPUBLIKA.CO.ID, JAKARTA -- The commutation of Mary Jane's sentence depends on diplomacy between Indonesia and the Philippines although new evidence has been produced in court in her country, Setara Institute Vice Chairman Bonar Tigor Naipospos stated.
"The Philippine court's verdict cannot be used as new evidence for Mary Jane to propose a judicial review of her case in the Supreme Court," Tigor noted here on Tuesday.
Although Indonesia and the Philippines are members of the ASEAN and have signed an extradition treaty, but there is no rule of law and procedure among the member countries if there are similar incidents.
Moreover, the ASEAN member countries do not interfere in each other's matters.
"In addition, the rule of domestic law must be upheld," he affirmed.
Therefore, according to the attorney general, the execution of Mary Jane is only postponed, not canceled.
The Philippine court found that Mary Jane was tricked into travelling to Indonesia with 2.6 kilograms of heroin in 2010 by a woman who promised to find her a job as a domestic helper.
"Based on the Supreme Court, a judicial review for a particular type of crime can be proposed only once," he emphasized.
On the other hand, Tigor stated that the death penalty can disrupt the integration process among the ASEAN nations in the future.
Several ASEAN countries such as the Philippines, Thailand, Cambodia, and Laos have abolished death penalty from their judicial system, while Myanmar has imposed a moratorium.
The Philippine citizen on death row Mary Jane Veloso will not be allowed to leave Indonesia as she is a convict, Indonesian Vice President Jusuf Kalla remarked here on Thursday.
"She will certainly not be allowed (to go back to the Philippines) because she is a convict in Indonesia. Filipino investigators may come here," he stated in his office.
Mary Jane's execution was postponed following a new development in her case in the Philippines that now requires her testimony.
Regarding the duration of postponement of Mary Jane's execution, Kalla affirmed that it would not take years as long as the process in the Philippines runs smoothly.
"I do not think it will take too long, as long as the process in the Philippines is carried out smoothly," he remarked.
The vice president reiterated that the postponement of Mary Jane's execution was based on Indonesia's respect for the law in the Philippines.
On Tuesday, the day the execution was scheduled to take place, Mary Jane's recruiters Maria Kristina Sergio and Julius Lacanilo reportedly surrendered to law enforcement authorities in the Philippines. This led to the Indonesian government postponing her execution as she will be needed to testify in court.
Moreover, Mary Jane is suspected to be a mere victim of human trafficking in the Philippines.
Minister of Justice of the Philippines Leila de Lima noted that the case will be investigated on May 8-14.
Mary Jane admitted that she had met Sergio in Petaling Jaya in Malaysia and was promised a job in the country.
However, Sergio later ordered her to smuggle heroin to Indonesia through the Adisutjipto Airport in Yogyakarta, Central Java.
Furthermore, Kalla denied that the decision to postpone Mary Jane's execution was an abrupt one.
"It takes days to complete processes, not hours. Perhaps, he (the recruiter) was sorry to see Mary Jane being executed and moved to confess his crime," he pointed out.
According to the vice president, Indonesian President Joko Widodo and Filipino President Benigno Aquino III continued to communicate regarding the case, including during the recent commemorative Asian-African Conference in Jakarta and the ASEAN Summit in Malaysia.
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