Key Points
ADVISORY ON
PROVIDING VIDEO-LINK
EVIDENCE IN COURT
PROCEEDINGS IN THE
PHILIPPINES
[CHR (V) A2019-006]
In 2010, Mary Jane
Veloso, an OFW, was
convicted of drug
trafficking in Indonesia.
Dated October 4, 2019
This Advisory brings to the Philippine’s
attention the need for Overseas Filipino
Workers
(OFWs)
to
be
able
to
give
evidence in court proceedings held in the
Philippines by video-link testimony.
A case initiated in the Philippines alleges
that
Mary
Jane
Veloso,
an
OFW
convicted
of drug trafficking by an Indonesian Court
y
[ J=="m
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]
2
in 2010 and sentenced to death, is a victim
of human trafficking. The case is brought
against her alleged recruiters.
Because
she
is incarcerated
in Indonesia,
she is not able to travel to the Philippines to
give evidence in the trial.
The Philippine Court of Appeals denied her
ability to provide evidence in written form
or via video-link,
right
of
the
citing the constitutional
accused
to
confront
and
cross-examine witnesses face to face.
The Advisory argues that the testimony via
video link is permitted in domestic law and
should be widely accepted for vulnerable
witnesses.
Said
video-link
undermine
accused
testimony
would
fair trial procedures,
are
able
to
not
as those
confront
and
Video-link testimony is
permitted in domestic
cross-examine witnesses.
[e)TTA
Use of video-link technology is available
for children
as
vulnerable
witnesses
afforded extra protection under the Rules
on
Examination
of
Child
Witness.
Considering her status as a vulnerable
Witness, video-link technology is
permitted for children as they are
witness,
extra protection.
Ms.Veloso
should
also
be
extended extra protection in the trial of her
traffickers.
Under the Rules on Examination of Child
vulnerable witnesses. Ms. Veloso is a
vulnerable witness and would also need