The Mercy Commission has stated that mercy is intended for exceptional cases and that each application is meticulously evaluated based on its unique merits, with a keen focus on the individual circumstances of the petitioner.
In a statement released yesterday, the commission mentioned that undue hardship can encompass mental, physical, or financial pain that is disproportionately severe compared to the nature of the offense and its repercussions.
The commission disclosed that from 2011 to 2024, it received a total of 79 petitions, resulting in mercy being granted to 45 petitioners.
“Currently, Fiji lacks specific laws to implement Section 119 of the Constitution, which leads the Mercy Commission to assess petitions within the broader framework of the Constitution,” the statement noted.
It suggested that Parliament may eventually need to create detailed regulations regarding the factors the commission can take into account during its decision-making process.
The commission emphasized that the longstanding English prerogative of mercy, which serves as the foundation for Fiji’s laws, aims to mitigate the strictness that can arise from the universal enforcement of criminal law.
The current commission consists of Chairperson Attorney-General Graham Leung, Penijamini Lomaloma, Dr. Odille Chang, Nirmala Nambiar, and Charles Ratakele.
So far this year, the commission has received 21 petitions, of which only seven were granted mercy. In 2023, all 14 petitions received were granted mercy, while in 2022, all three petitions were also approved. In 2020, the commission reviewed 18 petitions and granted mercy in four cases. In 2019, out of 13 petitions, nine were granted mercy, and in 2011, eight out of ten petitioners received mercy.