The Mercy Commission has announced that mercy is granted only in exceptional circumstances, with each application being thoroughly evaluated based on its unique merits and the individual situation of the petitioner.
In a statement released yesterday, the commission noted that undue hardship, which may encompass mental, physical, or financial suffering, can be disproportionate to the severity of the offense and its repercussions.
From 2011 to 2024, the commission received 79 petitions, successfully granting mercy to 45 petitioners. Currently, Fiji lacks specific legislation to implement Section 119 of the Constitution, which allows the Mercy Commission to consider petitions under the general guidelines of the Constitution.
The statement indicated that Parliament may need to create detailed regulations outlining the factors the commission should consider in their decision-making process. The commission emphasized that the ancient English prerogative of mercy, which influences Fijian law, was established to mitigate the strictness that can arise from the consistent application of criminal law.
The current commission consists of chairperson Attorney-General Graham Leung, Penijamini Lomaloma, Dr. Odille Chang, Nirmala Nambiar, and Charles Ratakele.
The commission highlighted that, of the 21 petitions received this year, only seven were granted mercy. In contrast, all 14 petitions received in 2023 were approved. Additionally, in 2022, the commission received and granted mercy for all three petitions submitted. In 2020, out of 18 petitions, four were granted mercy, while in 2019, it assessed 13 petitions and granted mercy to nine. In 2011, eight out of ten petitioners received mercy.