Felicity Gerry QC yesterday supplied an Amicus Curiae brief on human trafficking law to the team acting for Mary Jane Veloso who is facing death penalty in Indonesia.
Article 3 of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Particularly Women and Children sets out the definition of human trafficking which includes coercion, deception, abuse of power or of a position of vulnerability.
There are guiding principles for the identification of human trafficked victims. There are global examples of where convictions have been overturned in cases where there is credible evidence that the person committing the alleged crime was doing so as a victim of human trafficking.
Indonesia has progressive human trafficking laws and has committed to the protection of human trafficked victims by its Trafficking in Person law (Indonesian Law 21 of 2007).
It is hoped that Mary Jane Veloso can benefit of principles of non prosecution / non punishment and a stay on the death penalty in her case can be achieved until the legal issues are resolved.
The report from ABC news, can be found at this link: