Bello says Kuwaiti envoy confirmed sentencing of Joanna Demafelis' employers

Labor Secretary Silvestre Bello III on Monday said Kuwaiti Ambassador to the Philippines Musaed Saleh Althawaikh has confirmed to him the sentencing in absentia of Joanna Demafelis' employers.

"Ang Kuwaiti court convicted two employers of Joanna Demefelis and sentenced to die, i-enforce 'yung maximum penalty of death," Bello said on Dobol B sa News TV.

Bello said Althawaikh had informed him that Demafelis' employers, Lebanese Nader Essam Assaf and Syrian Mona Hassoun, can still appeal the death sentence.

Ambassador Althwaikh, kinumpirma na sa DOLE ang 'death sentence' laban sa mag-asawang nasa likod ng pagkasawi ni Joanna Demafelis, ayon kay Sec. Silvestre Bello III.

— DZBB Super Radyo (@dzbb) April 2, 2018

"Sabi nga ni Ambassador Althawaikh, they can appeal the case," Bello said. "Kailangan bumalik sila para maka-appeal sila. They cannot appeal in absentia."

Processing the sentence remains tricky due to one of the suspects remaining in the custody of Syria as the country remains diplomatically troubled.

"Hindi ko alam kung merong extradition treaty ang Kuwait with Lebanon and Syria. At kung meron man, may konting problema, complication lang kasi alam naman natin kapag sa extradition treaty, 'yung national ng Kuwait ang (suspect) kaya pinapa-extradite nila," Bello explained.

"Pero dito kasi, ang (suspect) 'yung Lebanese national. Ewan ko kung sakop ng treaty 'yan," he continued.

While results will take a long time, Bello said Kuwait showed sincerity in their efforts to solve Demafelis' case.

The sentencing of Demafelis' employers will fulfill one of two conditions set by President Rodrigo Duterte to lift the deployment ban to Kuwait. The second condition was the signing of a memorandum of understanding (MOU) on OFW labor conditions.

Bello said last month that the Kuwaiti government had agreed to conditions set by the Philippines in the MOU.

The Philippines imposed a deployment ban to Kuwait and kickstarted talks on labor conditions for Filipino workers after Demafelis was found in a freezer a year after her employees left Kuwait.

Foreign Affairs Undersecretary for Migrant Workers Affairs Sarah Arriola was scheduled to speak with officials in Kuwait regarding labor law violations when news of the sentencing broke.

"This will give me the reason to consider recommending to the President a partial lifting of the deployment ban," Bello said.

"I'm not prepared to recommend the lifting of the ban as far as household workers are concerned. Sa skilled workers, I may consider recommending to the President the lifting of the ban," he added.

Demafelis' employers were arrested in February in Damascus after an Interpol manhunt prompted by international outrage and pressure from Manila.

Nader Essam Assaf, the Lebanese employer of Demafelis, was handed over to Lebanese authorities while his Syrian wife Mona Hassoun remained in Damascene custody.

In addition to labor talks, a deal is underway to allow 6,000 Filipinos without illegal papers in Kuwait to return to the Philippines and join the 4,000 already repatriated through an earlier amnesty.

The discovery of the OFW's body also renewed questions on the Middle East's "kafala" or sponsorship system and its potential to allow the exploitation of workers by tying their visas to their employers.

According to Bello, there are 250,000 OFWs in Kuwait. 70% of them are household workers. 3,000 of these household workers have been repatriated. 

Meanwhile, the Department of Foreign Affairs has obtained a copy of the Kuwaiti court decision imposing the death penalty on Demafelis' employers.

“We take note of the swift action taken by Kuwaiti authorities in connection with the murder of our kababayan Joanna Demafelis,” DFA Alan Peter Cayetano said in a statement.

“This is a very important development in our quest for justice for Joanna,” Secretary Cayetano added.  —with Tina Panganiban-Perez/KG/ALG/KBK, GMA News