(A report prepared by Migrante International)

During the prison visit to Mary Jane on September 14, 2018, the Veloso family was joined by representatives from Migrante International, National Union of People’s Lawyers and the delegates of the Interfaith Mission for Solidarity and Service with Migrants, Refugees and Uprooted People. Coming from various faith-based, migrant-servicing and migrants’ organizations from Malaysia, Bangladesh, Indonesia and Hongkong, the delegation paid a visit to Mary Jane inside the Wirogunan Penitentiary in Yogyakarta, Indonesia to express their support and solidarity with Mary Jane’s struggle. The visit was an urgent resolution undertaken by the interfaith event. Since Mary Jane’s incarceration in 2010, it was the biggest international group of prison visitors.

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In arranging the visit, representatives from the Philippine embassy and the prosecutor’s office of Indonesia accompanied the team. Mary Jane’s lawyers from the Rudyantho & Partners Law Firm were also present.  They were later joined by Catholic locals who have been regularly ministering to Mary Jane.

At around 9:00 a.m., 12 members of the team entered the penitentiary compound and was welcomed by Mary Jane herself in the visitation area.  Tears of joy flowed from Mary Jane’s eyes the moment she saw Tatay Cesar and her two children. Mary Jane immediately embraced them. Mark Darren and Mark Danielle were showered with hugs and kisses. They were all beaming with smiles.  Mary Jane sat down and tried to carry and kiss Darren like a baby. Mary Jane was frequently heard saying “miss na miss ko kayong mga anak ko.” Seeing her eldest son Mark Danielle who had grown tall, she exclaimed: “Ang laki-laki mo na, Mac-mac! Hindi ka ganiyan kalaki noong huli tayong nagkita! Binata ka na!”  It can be seen from Tatay Cesar’s eyes that he was very happy that his daughter and grand children were together again after almost two years.

The group members introduced themselves to Mary Jane, one after the other.  Everybody was ecstatic. Afterwards, the prison officers guided them to sit on the carpeted floor of the building.   The group formed a circle and Mary Jane sat beside her children. She thanked everyone who visited her that day and expressed appreciation to all who made her family’s visit possible.  She then related her situation inside the prison. Although lonely and longing for her return to the Philippines, she told everyone not to worry so much about her because she has many friends inside the prison and everyone there is kind to her.  She said “Kapag mabait ka sa mga tao sa paligid mo, magiging mabait din sila sa iyo. Walang-wala ako dito, ang tangi ko lang nabibigay sa kanila ay ang pagiging mabuti ko. Tumutulong ako sa kanila sa abot ng makakaya ko, kaya siguro ganoon na lang din ang tulong na nakukuha ko sa kanila.”  She then showed two plastic bags containing pairs of slippers, shirts, foods and other stuff which she received from jail officers and fellow inmates. She said that those who heard about her family’s visit gave those items for her family, especially for her children. Darren was given a yellow watch that transforms into a robot.  Mary Jane put it on his wrist and asked him if he already knows how to read the time. Darren answered “opo..nine hundred twenty-nine,” referring to the time which was already 9:29 a.m.

The visitors, even Mary Jane’s lawyers from the Philippines and Indonesia were not allowed to discuss with her the details about the case or any activity or information related to it.   A representative from the Philippine embassy and Prosecutor Anggraeni, the prosecutor who handles the case of Mary Jane, forewarned the delegation that only the governments of Indonesia and the Philippines could give Mary Jane updates about her case through their “G-to-G” (government to government) coordination.

Imposed with this limitation, the delegation gave Mary Jane some words of encouragement. Mary Jane was elated to find out that many people from around the world are working very hard to fight for her freedom and are waiting for the day when she will finally be released.  The group then sang the Christian hymn “Pananagutan.” Mary Jane then recited a poem for the delegation. The poem, written in Bahasa Indonesia was entitled Sepucuk Harapan (A Spark of Hope).

Everyone listened intently as Mary Jane recited the poem.  Many were unable to hold back their tears. She explained that the poem purely came out from the depths of her feelings. In creating the poem, she related that she was moved by her faith in God and by her confidence that all her supporters, both inside and outside the prison will never forsake her.

The meeting culminated with an ecumenical prayer led by Bishop Joel Tendero of the United Church of Christ in the Philippines.  The offered prayer asked for Mary Jane’s strength with the hope that she will be reunited with her family in the Philippines someday.

The delegation was only given an hour during the visit while Mary Jane’s loved ones were allowed to stay until 12:00 p.m.

Reverend Joram Calimotan from the Asia Pacific Mission for Migrants said, “It was heartwarming to witness Mary Jane Veloso’s face light up upon seeing and being reunited with her sons Mark Danielle and Mark Darren as well as her father Cesar. The three were part of the 12-people delegation from the interfaith mission who went to visit Mary Jane in the Yogyakarta prison on September 14. Mary Jane herself was radiant and full of hope, especially when she read a poem she wrote in Bahasa Indonesia. Her poem spoke of a will to go on, of not losing hope. Albeit brief, our conversations with Mary Jane provided us with not only inspiration but a stronger determination to pursue justice for her. We will continue until she is finally free and reunited with her family here in the Philippines.”

On the second and last visit to Mary Jane the following day, the Veloso family had a more private and intimate time with her. She was also provided with updates on the development of the international campaign.

After bidding farewell to her daughter, Tatay Cesar addressed the group and said, “Nagpapasalamat ang aking anak sa lahat-lahat ng sumusuporta na, (quoting Mary Jane) ‘sana Tatay ay huwag po ninyong lubayan ang paghingi ng tulong sa mga tumutulong sa akin. Sana ay gawin nila lahat para makauwi na ako.’ Ang sabi ko naman, anak kahit madalang kaming bumisita sa iyo, maraming sumusuporta sa iyo kaya huwag kang mag-alala at maraming tumutulong at gumagabay sa inyo.”

Migrante International spokesperson Arman Hernando gave his insight on the prison visit, he said. “We visited Mary Jane because we wanted her to feel, that despite all of the adversities, the outpour of support on her struggle for freedom never ceases. But after talking to her, it seems that we are the ones who got inspired by her undying courage and hopefulness.”

“Terima Kasih Mary Jane! I will forever treasure this day! We pledge that we are going to see this through! We will win your freedom,” Hernando concluded.

 

 

Sepucuk Harapan

Hari demi hari kulalui
Dengan rasa sakit yang kualami
Dimana ketenangan hatiku
Dimana kedamaian jiwaku
Dimana sukacita yang selalu memenuhi hidupku.

Lenyap… Lenyap sudah…

Keterpurukan… ketidakberdayaan mengganggu hati dan pikiranku.
Namun… sepucuk harapan mulai tumbuh saat aku mengenalmu.
Ketenangan.. kedamaian kembali kurasakan.
Kau… adalah sahabat sekaligus guru bagiku.
Darimu… aku banyak belajar dan berserah diri
Karenamu… aku bisa menghargai arti dari hidup ini

Jeruji besi… menjadi kampus kehidupan bagiku
Mengajariku untuk selalu bersyukur…
Berpikir optimis dan tetap berkarya dalam keterbatasan yang ada.

Sepucuk harapan… memenuhi hatiku
Membangun sebuah harapan baru.
Harapan… bahwa suatu hari nanti… kebebasan dan keadilan membawaku keluar di jeruji besi ini.

Menyambut harapan yang baru.
Sepucuk harapku atas asaku.

-Mary Jane Veloso
September 14, 2018
Wirogunan Prison, Yogyakarta, Indonesia

 

A Spark of Hope

With each passing day I endure
The pain that I go through.
Where is the stillness of my heart?
Where is the peace in my soul?
Where is the joy that always fill my life?

Gone. Completely gone.

Frustration and helplessness disturb my heart and mind.
Yet a spark of hope began to grow the moment I met you.
Calmness and peace I feel again.
You are my close friend and teacher.
From you I learned much and in you I put my trust.
Through you I value what it means to be alive.

The prison cell serves as my school grounds,
Teaching me to always be grateful,
To think optimistically and keep working within restricted space.

A spark of hope fills my heart,
Growing a new hope.
A hope that one day freedom and justice will take me out of this prison cell.

I welcome that new hope,
A spark of hope for my sake.

-Mary Jane Veloso
September 14, 2018
Wirogunan Prison, Yogyakarta, Indonesia

 

Isang Kislap ng Pag-asa

Sa araw-araw tinitiis ko
Ang sakit na aking dinaranas.
Nasaan ang kapanatagan ng aking puso?
Nasaan ang kapayapaan ng aking kaluluwa?
Nasaan ang kagalakan na laging pumupuno sa aking buhay?

Naglaho na. Naglaho nang tuluyan.

Pagkabigo at pagkalugmok ay lumiligalig sa aking puso at isip.
Ngunit may kislap ng pag-asang umusbong nang makilala ka.
Kapanatagan at kapayapaan ay muli kong naramdaman.
Ikaw ay matalik kong kaibigan at guro.
Sa iyo marami akong natutuhan at sa iyo ibinigay ko ang aking tiwala.
Dahil sa iyo pinahahalagahan ko ang kabuluhan ng buhay.

Bilangguan ang nagsisilbi kong paaralan,
Nagtuturo sa aking laging maging mapagpasalamat,
Mag-isip nang optimistiko at magpatuloy sa pagkilos sa kabila ng paghihigpit.

May kislap ng pag-asang pumupuno sa aking puso,
Nagpapasibol ng bagong pag-asa.
Isang pag-asang isang araw, ilalabas ako ng kapayapaan at hustisya mula rito sa bilangguan.

Tinatanggap ko ang bagong pag-asa,
Isang kislap ng pag-asa para sa aking kapakanan.

Mary Jane Veloso
Setyember 14, 2018
Bilangguang Wirogunan, Yogyakarta, Indonesia

Isinalin sa Filipino ni Mark Angeles, poetry editor ng Bulatlat.

 

In an 8-page resolution dated June 5, 2018, the Philippine Court of Appeals dismissed the motion for reconsideration and affirmed its earlier decision issued on December 13, 2017 prohibiting Mary Jane Veloso from issuing a testimony against her alleged recruiters from her jail cell in Indonesia through a written deposition. According to the appellate court’s explanation, it would prejudice the rights of Sergio and Lacanilao to confront her and scrutinize her testimony face-to-face.

We now find it ironic that a court in Mary Jane’s own country now seems to be the only hurdle in her pursuit of justice and freedom as she still stands to lose her life. For this reason, Mary Jane’s parents Celia and Cesar Veloso submitted a petition to the Supreme Court of the Philippines on September 3, 2018 to reverse the appellate court’s ruling and allow Mary Jane to give her testimony against her wrongdoers.

Moreover, Mary Jane’s deposition in the Indonesian prison will not infringe the constitutional rights of respondents Sergio and Lacanilao since they have the speedy and adequate remedy of proceeding to trial and cross-examining Mary Jane in the form of written interrogatories.

Mary Jane is the principal complainant in the trafficking case against Cristina Sergio and Julius Lacanilao, the live-in couple who recruited her supposedly for work in Malaysia but was instead deployed to Indonesia.

Evidence presented in Philippine courts established that, among others, Sergio and Lacanilao have no license to recruit anyone for employment abroad. It is also established that they asked and was paid by the Velosos for Mary Jane’s trip and the job offer. Sergio’s records also showed that she has traveled very often to Asian countries several years prior. Likewise, it was proven that it was Sergio who gave Mary Jane the luggage and plane ticket for her trip to Indonesia.

The only evidence that remains to be presented is the testimony of Mary Jane herself. Deposition in Indonesia jail, therefore, is the only available, allowable and practicable mode to officially get Mary Jane’s testimony as she is in jail on death row.

Hence, we once again unite and amplify our voices for Mary Jane. We are calling on the Supreme Court of the Philippines and other authorities to allow her to testify in Indonesia.

We are calling on President Duterte to do everything in his power to let Mary Jane speak the truth if he is really serious in pursuing big international drug trafficking syndicates. Through this, we are one step closer in our quest to finally #SaveMaryJane and bring her home.

 

RECOMMENDED ACTIONS:

 

As ORGANIZATIONS, send letters, emails or fax messages calling on:

• The Supreme Court of the Philippines to reverse the apellate court’s ruling and allow Mary Jane to give her testimony through written deposition in her prison cell in Indonesia.You may use this letter template: http://bit.ly/2Nb5SrB.
• Philippine President Rodrigo Roa Duterte to exhaust all means to save Mary Jane’s life and pave the way for her to be reunited with her family.
• Indonesian President Joko Widodo to grant Mary Jane Veloso clemency on grounds of a mistrial and for humanitarian reasons. Letters may be coursed through respective Indonesian embassies.

 

As INDIVIDUALS or GROUPS, you can:

• Sign online petition of Save Mary Jane Alliance: http://bit.ly/2CORaSj.
• Send postcard messages to the Supreme Court by downloading and printing the postcard design from this link: http://bit.ly/2NAkhNE.
• Hold selfie/groufie protests with your support messages and post/send photos at/to: https://www.facebook.com/SaveMJVeloso. Feel free to use this placard design: http://bit.ly/2x2Fy92.
• Conduct information dissemination activities to generate more support for the #SaveMaryJane campaign

 

ADDRESSEES:

Office of the Chief Justice
Supreme Court of the Philippines
3rd Floor, New Supreme Court Building Annex,
Padre Faura Street, Ermita, Manila City,
1000 Metro Manila, Philippines

Telephone (632) 5225090; 5225094
Telefax (632) 5268129
Email pio@sc.judiciary.gov.ph




Office of the President
Republic of the Philippines
Malacañang Complex
J.P. Laurel Street,

Telephone : (632)7368645; 7368603; 7368606; 7368629; 7368621
Telefax: (632)7368621
E-mail Address : pcc@malacanang.gov.ph




Office of the President
Republic of Indonesia
Istana Merdeka
Jakarta Pusat 10110, Indonesia
Telefax: (62) 213864816; 213442233
Email: ppid@setkab.go.id

Personal Background:

Allan Rafael, 35, from Dagami, Leyte, is a father to an eight-year old boy and the second eldest among five male siblings. He was born from a family of poor peasants who gravely suffered in the Yolanda storm in 2013.

Allan graduated with a bachelor’s degree in Hotel and Restaurant Technology in Eastern Visayas State University. Before working abroad, he worked as a crew for various restaurants such as Dad’s, Saisaki and Kamayan in Quezon City.

In 2012, he started working as a waiter in The Bellevue, a restaurant in Jeddah, Saudi Arabia. For his outstanding skills, he was trained to be a chef by his employers. In 2016, after finishing his second contract, he returned to the Philippines. Eyeing a better future, he took the SOLAS (Safety Of Life At Sea) training to qualify as an international cruise ship employee. While applying to be a seaman, he failed in the medical examination because he was diagnosed with Lymphoma.

Since 2017, while undergoing medication, he took residence in Manila with his live-in partner. He underwent chest surgery and was undergoing a series of chemotherapy treatments at the Philippine General Hospital. According to his family, he was close to recovery and was very optimistic of securing a new job abroad upon completion of his medical treatment.

Case Timeline:

August 2 – About five in the afternoon, while driving a motorcycle, Allan was flagged by an unidentified police officer in Recto Avenue corner Loyola Street in Manila while he was on his way to fetch his partner in Malate, Manila. Rafael’s family got worried when he went missing that night. But trusting that he would never be involved in any altercation, their worry at that point was that Allan might have gotten involved in a motorcycle accident. They did not receive any information from the police regarding Allan’s arrest.

August 3 – Around 6:00 a.m, Allan’s partner was informed by a neighbor that Rafael was detained at the Barbosa Police Station in Quiapo, Manila. She immediately went to visit him while Allan’s siblings went to the prison in the evening of the same day. Allan narrated to his younger brother Aaron the details of his arrest. According to Allan, the police out of nowhere, appeared and ordered him to stop his motorcycle. He was apprehended by the police for no reason. The police showed immediate interest on the watch Allan was wearing and upon frisking they also noticed his Iphone. The police then asked Allan if his watch and cellphone are original items. However, since he kept on reasoning out with the police, he was taken to the Barbosa Police Station. Inside the police station, his belongings, including his watch, cellphone, wallet and motorcycle, were taken by the police officers.

Allan told Aaron that policemen in civilian clothing beat him up to force him to confess drug use as they allegedly found 0.43 grams of shabu in Allan’s belongings. Their drug accusation was solely based on his thin and frail appearance, even though Allan consistently argued about his medical condition. Allan suggested that he undergo a drug test to prove that he is not into using illegal drugs but the policemen denied his request.
PNP told the family that charges against Rafael would be dropped if they hand over P35,000 to the police.

August 4 – Rafael underwent inquest in the Manila City Prosecutor’s Office and was charged with “illegal possession of dangerous drugs.”

August 5 – During Aaron’s visit, Allan told him that his newly-operated chest was painful because of the persistent beatings carried out by the police. Although in pain, according to Aaron, Allan was still strong, resilient and optimistic. Allan was supposed to undergo his next chemotherapy on August 13.

August 6 – Around 7:00 a.m., Allan’s partner visited the police station to deliver Allan’s breakfast. But upon entry to the police station, she was surprised that her partner was not there. She asked one of the police officers about Allan’s whereabouts. One of the policemen answered that Allan was rushed to the emergency room of Jose Reyes Memorial Hospital after vomiting blood and suffering shortness of breath that morning.

Allan’s partner immediately went to the hospital and arrived at the emergency room past 8:00 a.m. She was once again stunned by the fact that Allan was not there at the emergency room. One of the hospital employees told her that Allan’s body was already in the morgue. She then went to the morgue and positively identified Allan’s body. Allan’s siblings arrived at the hospital past 9:00 a.m. Upon inquiry, the family found out that Allan was declared dead on arrival by 6:15 a.m. Aaron then took pictures of Allan’s body which showed signs of physical abuse especially on the neck, chest and legs.

Clueless on what to do next, Allan’s body was immediately taken by the staff of Cruz funeral parlor and brought to its own mortuary. From there, an NBI medico-legal conducted an autopsy of Allan’s body. The autopsy too was not properly sanctioned by the family.

August 7 – Allan’s body was transported to Dagat-Dagatan, Caloocan City for the wake. On the same day, Aaron called for justice for his brother. On his Facebook account:

“Malakas pa siya noong nakausap namin nung Linggo bakit kinabukasan patay na kaagad? Bakit niyo ipina-embalsamo eh wala pang miyembro ng pamilya? May tinatago ba kayo? Dumating yung mag-otopsy tapos nang maebalsamo. Paano malalaman ang totoong dahilan ng pagkamatay ng kuya ko kung inembalsamo na agad? Bakit kayo nagmamadali? Umaasa kaming pinahahalagahan pa ang buhay dito sa Pilipinas at naniniwala kaming gumagana pa ang hustisya dito sa bansa.”

(He was still strong when we visited him on Sunday, why did he suddenly die the very next day? Why did you embalm him without our presence? Are you hiding something? He was autopsied after the embalmment. How would we
know the cause of death if he was already embalmed? Why were you in a rush? We’re hoping that life is still valued in the Philippines. We believe that justice still works in the country.”

August 8 – Migrante received news from concerned citizens about Allan’s case and immediately looked for ways to reach Allan’s family in Metro Manila.

August 9 – In a report by the Philippine Daily Inquirer, the PNP denied that Allan was beaten up. A statement by the Manila Police District (MPD) sent by Police Chief Supt. Guillermo Eleazar, Director of the National Capital Region Police Office (NCRPO), was received by the media outfit saying:

“We would like to clarify that the detainee was not subjected to torture or inhumane treatment.”

“He was not slain contrary to the allegation of some.”

In the same report, it revealed that Aaron “claimed that the police officers stole Allan’s watch and forced him to withdraw cash from the bank before taking him to the Barbosa Police Community Precinct on August 2.”

August 9 – Migrante attended Allan’s wake and offered assistance to the family in their pursuit for justice. Migrante offered support in facilitating the re-autopsy and is seeking for an independent investigation through the Commission on Human Rights.

August 10 – Rappler reported that the NBI has started its investigation into the death of Allan. MPD head Chief Superintendent Rolando Anduyan confirmed this to Rappler through a phone interview.

References:
1. Accounts of Allan Rafael’s family
2. Aaron Rafael’s Facebook account
3. http://newsinfo.inquirer.net/1019645/former-ofw-dies-under-police-custody-cops-deny-he-was-beaten-up
4. https://www.rappler.com/nation/209268-nbi-investigation-allan-rafael-death-under-police-custody