The Mercy Commission has emphasized that the granting of mercy is limited to exceptional cases, with each petition being thoroughly evaluated based on its individual merits and specific circumstances. In a statement released yesterday, the commission explained that undue hardship may manifest as mental, physical, or financial suffering that is disproportionate to the offence and its repercussions.
From 2011 to 2024, the commission received a total of 79 petitions, resulting in 45 individuals being granted mercy. The statement indicated that Fiji currently lacks specific laws to implement Section 119 of the Constitution, which compels the Mercy Commission to review petitions within the Constitution’s broader guidelines. It also noted that Parliament may eventually need to create precise regulations detailing the factors the commission should consider in its decision-making processes.
The commission’s principles are based on the ancient English prerogative of mercy, which aims to mitigate the strictness that can arise from the universal application of criminal law. The current members of the commission include Attorney-General Graham Leung as chairperson, Penijamini Lomaloma, Dr. Odille Chang, Nirmala Nambiar, and Charles Ratakele.
For the current year, the commission has received 21 petitions, granting mercy in only seven cases. In contrast, all 14 petitions received in 2023 were approved, and in 2022, all three petitions were granted mercy as well. In 2020, 18 petitions were filed, with four receiving mercy, while in 2019, out of 13 petitions, nine were granted. In 2011, eight out of ten petitioners were also granted mercy.