The Mercy Commission has stated that mercy is typically reserved for exceptional situations, and each application is meticulously evaluated based on its individual merits and the specific circumstances of the petitioner.
In a statement released yesterday, the commission noted that undue hardship may 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 received a total of 79 petitions, leading to 45 petitioners being granted mercy.
“At present, Fiji lacks specific laws to implement Section 119 of the Constitution, which compels the Mercy Commission to assess petitions within the broad framework of the Constitution,” the statement indicated.
“Parliament may eventually need to establish specific guidelines regarding the various factors the commission should consider during its decision-making process.”
The commission emphasized that the traditional English prerogative of mercy, which influences Fiji’s legal framework, was created to mitigate the strictness that can sometimes result from the uniform application of criminal law.
The current members of the commission include chairperson Attorney-General Graham Leung, Penijamini Lomaloma, Dr. Odille Chang, Nirmala Nambiar, and Charles Ratakele.
According to the commission, out of 21 petitions received this year, only seven were granted mercy, while in 2023, all 14 petitions submitted were approved.
In 2022, all three petitions submitted received mercy. In 2020, 18 petitions were submitted, leading to four being granted mercy. The commission received 13 petitions in 2019, with nine granted mercy, and in 2011, eight out of ten petitioners were granted mercy.