The Mercy Commission has stated that its policy on granting mercy is reserved for exceptional circumstances, with each application being examined thoroughly based on its individual merits and the specific circumstances of the petitioner. In a statement released yesterday, the commission indicated that undue hardship could encompass mental, physical, or financial distress that is disproportionate to the nature of the offense and its repercussions.
The commission disclosed that from 2011 to 2024, it has received a total of 79 petitions, with 45 favorable outcomes for the petitioners. The statement highlighted that Fiji currently lacks specific legislation to implement Section 119 of the Constitution, requiring the Mercy Commission to evaluate petitions within the general framework of the Constitution. It suggested that Parliament may need to create further detailed regulations concerning the factors the commission considers in its decision-making.
The commission drew on the historical English prerogative of mercy, which aims to alleviate the strict application of criminal law. The current commission is composed of Attorney-General Graham Leung as chairperson, along with members Penijamini Lomaloma, Dr. Odille Chang, Nirmala Nambiar, and Charles Ratakele.
For this year, the commission has received 21 petitions, approving mercy in only seven instances, while in 2023, all 14 petitions received were granted mercy. Back in 2022, all three petitions submitted were granted mercy, whereas in 2020, out of 18 petitions, four received mercy. In 2019, the commission reviewed 13 petitions, granting mercy to nine of them, and in 2011, it approved mercy for eight out of ten petitioners.