(CNN Philippines) — With just a few hours left before the execution of Mary Jane Veloso, international humanitarian lawyer Harry Roque said on Tuesday (April 28) that there is still time to appeal at the International Court of Justice (ICJ).
He said some people are worried this could strain the country’s diplomatic ties with Indonesia, but explained that the country must exhaust all available options.
“You know, at this point, we have to exhaust all remedies in order to save [a] human life,” Harry Roque said in an interview with news anchor Amelyn Veloso which aired over CNN Headline News on Tuesday.
“And I think all ties can be patched when we’re talking about human life. I think any country in all countries in the world will understand our course to the ICJ as a last ditch effort to save the life of our national.”
But Veloso’s lawyer, Edre Olalia, argued that all legal remedies have already been exhausted and right now it is the executive clemency he is hoping for.
Earlier, Veloso’s Indonesian lawyers confirmed that the death sentence by firing squad may be implemented at 5:00 p.m. at the earliest.
Related: Indonesian executions: 72-hour warning given to death row inmates
Time difference
Given the time difference between Indonesia and the Netherlands, where the ICJ is located, Roque said that there would be enough time to file a petition, which he had already made, ready for filing.
“There’s a six-hour difference between now and the Hague. And I think that would give us still an allowance of six more hours before the execution is actually meted,” he said.
“There is precedent for it,” he added.
“There’s the case of Avena, where German nationals and Mexican nationals were spared from the death penalty to be implemented by the United States.”
“The basis was failure to comply with the Vienna Convention on consular relations. Failure to inform the nearest consular office about a foreign national being charged before the receiving state. And that was sufficient for the ICJ to stay 49 cases of death penalty.”
He said that the ICJ, by granting the Avena case, has sent the message that it is willing to act as a human rights mechanism to save human lives against the death penalty.
In his petition draft, Roque said that despite a clear indication that Mary Jane is a foreign national, “competent authorities failed to inform her of her rights to consular assistance under Article 36, subparagraph 1 (b), of the Vienna Convention.”
“Not having been apprised of these rights, Ms. Veloso could not and did not exercise them before trial and sentencing.”
This, Roque said, is a breach on the Vienna Convention on consular relations.
But to get filed, the petition needs the president’s signature.
He added that he also sent a copy of the draft to Vice President Jejomar Binay.
“All that the president has to do is to authorize its filing through our ambassador in the Netherlands.”
Though the petition isn’t fool proof, it is probably the only hope for a stay in Veloso’s execution, Roque said.
Related: Veloso’s final appeal rejected; all hopes now on Widodo
All over the Philippines, calls for President Joko Widodo to grant clemency for Veloso has been escalating since she was served with a notice of execution.
On Tuesday (April 27), human rights group Hustisya argued that Veloso is just a victim of human trafficking and of grave social injustice in the country.
“Her only hope now is for us to put our voices together and urge the Indonesian government to stop the execution.”
Also on Tuesday, Secretary Charles Jose, spokesman of the Department of Foreign Affairs, told CNN Philippines that the DFA is still hoping for a last-minute change of heart from Widodo.
