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'Government does not establish Mercy Commission'

Aqela Susu
Friday, March 09, 2018

GOVERNMENT does not establish the Mercy Commission.

This was clarified by Attorney-General Aiyaz Sayed-Khaiyum in Parliament on Wednesday while responding to a question by the Opposition on why the Government had not established a Mercy Commission since the inception of the 2013 Constitution.

"The 2013 Constitution of the Republic of Fiji establishes the Mercy Commission," Mr Sayed-Khaiyum said.

Mr Sayed-Khaiyum said any application by convicted persons that was addressed to the commission was referred to the Mercy Commission itself and its secretariat would receive the applications.

Section 119 subsection 2 of the 2013 Constitution states, "The Commission consists of - (a) the Attorney-General who is to be its chairperson and (b) 4 other members appointed by the President, acting on the advice of the Judicial Services Commission, following consultations by it with the Attorney-General."

Subsection 3 of the same section further states, "On the petition of any convicted person, the commission may recommend that the President exercise a power of mercy by - (a) granting a free or conditional pardon to a person convicted of any offence; (b) postponing the carrying out of a punishment, either for a specific indeterminate period; or (c) remitting all or part of a punishment."

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